Meet the requirementsFix citationLooks more like your work.The requirements is same as Module 3Question 1: Persuasive evidence has the power to influence the judge or the jury that the claims
being made are true. When evidence is persuasive enough, it can convince the court that a
particular proposition is true. This involves providing enough facts and presenting them to make
them believable for the party to win the case. One of the inherent characteristics of persuasive
evidence is the character of the source and its integrity. Effective persuasion must convince the
jury that its purpose is honest and truthful. Otherwise, the jury will consider it with suspicion.
Integrity does not necessarily predispose the jury in favour of the arguing party, but makes them
pay attention and listen because whatever is being said or presented is believable. The jury is
inclined to follow arguments because of the confidence that all is truthfully and candidly
In the current scenario, an applicant is seeking justice alleging that an employer denied
her a job because of her religious beliefs. To win this case, the applicant must present persuasive
evidence to the jury or court showing that she was actually denied the job because of her
religious beliefs. According to the law, “it is illegal for an employer to fail or refuse to hire or to
discharge any individual, or otherwise to discriminate against any individual with respect to his
compensation, terms, conditions, or privileges of employment, because of the individual’s
religion.” (Civil Rights Act of 1964). However, this prohibition does not apply to religious
organizations and religious-based educational institutions. Because this is a civil case, the
plaintiff must establish her case by a preponderance of the evidence, which might be the most
persuasive evidence to win the case. To be the most persuasive, the plaintiff evidence must be of
greater weight than the evidence presented by the opposing party. Besides being truthful and of
integrity, the evidence of religious-based discrimination must convince the jury that facts being
asserted are more probable than not.
Question 2: In nearly all legal proceedings, the opposed parties must comply with the
rule of evidentiary standard and proof burden. These guidelines allow the jury or the court to
determine which party has presented the most persuasive evidence to support their claims and
win the case. In a civil case, the winner of a lawsuit has the burden of proof or the preponderance
of the evidence while in a criminal case, the winning party must show beyond any reasonable
doubt that claims being made are true. Preponderance requires the party with the burden of proof
to demonstrate that a claim is more likely to be true than false. ‘Under the preponderance
standard, the burden of proof is met when the party with the burden convinces the fact finder that
there is a greater than 50% chance that the claim is true. This is the burden of proof in a civil
trial’ (Legal Information Institute, 2020, pg. 1). The preponderance of the evidence is the greater
weight needed in a civil lawsuit to determine the case’s outcome. The party that presents
evidence with the greater weight has a more persuasive claim and not based on the amount of
evidence but its probable accuracy or truth. This means a party with only one knowledgeable
witness may provide a preponderance of the evidence that outweighs the several witnesses’
Beyond any reasonable, as the name suggests, is the burden of proof needed to determine
a conviction in a criminal case. The prosecution team carries the burden of showing proof to the
court that the accused is not innocent beyond a reasonable doubt. This burden, according to the
Legal Information Institute, “means that the prosecution must convince the jury that there is no
other reasonable explanation that can come from the evidence presented at trial” (2020, pg. 1). In
other words, the court must be convinced by the evidence available that the accused is guilty of
charges against him/her to pass a verdict. Both preponderances of the evidence and evidence
beyond any reasonable doubt have constituted the burden of proof in legal proceedings.
However, the burden of proofing beyond any reasonable doubt in criminal cases is much higher
than a preponderance of the evidence in civil cases. For the latter, the evidence’s weight must be
more than 50% certain to persuade the jury or the court that claims made are truthful.
Question 3: In civil lawsuits, discovery refers to a pre-trial stage in which the disputing
parties explore and investigate all the relevant information needed to build the case, using civil
procedure rules. Discovery involves getting evidence from the opposing side and other parties
using discovery devise like requesting documents and requesting interrogation answers. This is
where a lot of time and money is spent, ‘because depositions, interrogations, request for
production of documents take lawyers a long time’ (Phases of lawsuit, 2016). Parties ask for all
materials that can reasonably be used as evidence to support claims. This process involves
seeking relevant information but other materials that could help locate other admissible evidence,
although not directly relevant. The main aim of conducting discovery is to collect essential
information that can be used as evidence or support claims during trial.
Several activities can occur during the discovery process. The most common ones are
deposition, subpoenaing and interrogation. A deposition is a process of discovery in which a
person involved in the lawsuit provides an out-of-court statement under oath. A deposition is
used during the trial in preparation for the actual trial and can be provided in a videotape, written
document or both. One of the disputing parties may also request for production of documents
needed to support claims. This is called a subpoena, and it allows the other party to collect
physical evidence to use when the case moves to trial. Third-party entities not directly involved
in the case may also be subpoenaed if they have physical documents needed to move the case
forward. Interrogations involve asking open-ended questions to ensure that the questions
provided are not different from those given during the trial. One of the disputing parties may ask
the other party to identify all the evidence they intend to use during the trial.
Some of the important rule to observe during discovery are found in Rule 26 of the
federal rules of civil procedure. For example, ‘Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defence and proportional to the needs of
the case….” (Legal Information Institute, 2020). In other parts, parties cannot discover
information prepared in expectation of litigation or for trial by another party. It is against the law
to discover facts or opinions of an expert who has been employed by another party in preparation
for litigation or trial.
Civil Rights Act of 1964 § 7, 42 U.S.C. §2000e et seq (1964). Retrieved from Equal
Employment Opportunity Commission website:
Legal Information Institute (2020). Beyond a reasonable doubt. Retrieved:
Legal Information Institute (2020). Preponderance of the evidence. Retrieved:
Legal Information Institute (2020). Rule 26. Duty to Disclose; General Provisions Governing
Discovery. Retrieve from: https://www.law.cornell.edu/rules/frcp/rule_26
Phases of lawsuit (2016). HMD 401 Module 2 Part 1. Retrieved from:
Legal Procedure Writing Assignment:
You must do your own work and use Turnitin. I will not accept any paper that has any cut and
paste material. See Syllabus.
Like all papers you’ll submit, formatting is: 1” margins all around, double spaced, Times New
Roman 12-point font.
There is a 3-page minimum…one page per question. The more work you do, the better your
score. I can tell when a student has done the work and when they have waited until the last
minute to throw something together. Don’t be in that latter group.
In every trial there is evidence. Evidence may be witnesses, documents, tangible items,
photographs or videos, etc. Some evidence helps the court (either judge or jury) decide who
should win. Other evidence doesn’t do much to influence the decision maker because the
evidence isn’t considered very important. The very best evidence is known as
“persuasive evidence.” First, do your own independent research and identify what “persuasive
evidence” is. Then, imagine a trial that concerns an applicant that alleges that an employer
denied her a job because of her religious beliefs. What might be the most “persuasive evidence”
in such a case?
In every civil case the parties have an obligation to present evidence in an attempt to persuade
the judge or jury to decide the case in their favor. Each side’s evidence will be “weighed” against
the other side’s evidence. Imagine a scale with evidence on each side. One side of the scale
will be “weighed” down with a greater amount of evidence…meaning the judge or jury likes that
side’s evidence more than the other side’s. In law, the winner of a civil lawsuit has
the “preponderance of the evidence”…which is also known as the “burden of proof” in a civil
case (the burden of proof in a criminal case is: beyond a reasonable doubt…which isn’t
relevant to Employment Law). Do your own independent research and further
identify what “preponderance of the evidence” and “burden of proof” mean. Explain how
they relate to each other.
In every civil dispute there is a period of time known as “discovery” that occurs before the trial.
It is the usually the longest period of time in every civil dispute. Do your own independent
research and: 1) define what “discovery” is, 2) describe what occurs during “discovery”, and 3)
identify some important rules that exist during “discovery.”
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