In the United States, if someone damages your car, and you saw who did it, do you have to prove that in court?
(... to make him/her pay for the damage?...)
Or is your word enough?...
Answers:
You have not mentioned whether it is a civil case or criminal one. In criminal cases, it is the prosecution that pursues the case. The complainant/victim is one of the witnesses, besides several others whom the prosecution feels as contributories, in bits and pieces of information, the cumulation of which would lead to the logical end.
In civil cases, it is for the plaintiff to prove his case. He can be one of the witnesses. Normally, if the plaintiff has only his oral testimony as proof and the defendant denies it in his oral testimony, the court would be in a very difficult position to arrive at the truth, in the absence of any corroborative evidence. Any onlookers, passers by, who have witnessed the actual damage-transaction can be potential witnesses, to corroborate. Even the instrument/tool/weapon used for damage, can be a physical evidence, but possession thereof and/or ownership thereof by the defendant has to be proved.
In USA, when a jury trial is demanded, mostly, the courts concede. On matters of fact, the decision of the jury, prevails.
In criminal trial, the offence has to be proved beyond reasonable doubt. In civil trials, the preponderance of probability will weigh. In civil trial, court, will order monetary compensation and in criminal trial, the court imposes sentence and / or fine and upon the prayer of the victim, may order, a part of fine to be provided to the victim by way of compensation. Specific pleading and prayer are required.
In USA, cases are won/lost by the skill of the lawyers, and the plaintiff/complainant can not depend upon his own perceived skill to be a party in person (without lawyer's assistance) if he wants to win the case.
since you would be the plaintiff in the case the plaintiff always has the initial burden to prove the defendant did what you claim, word maybe enough maybe not need more facts
You need all sorts of proof because just your word won't be enough and it could easily be his or hers word against yours. You need as many witnesses as possible and a police report.
If you don't have to prove it, then they could just as easily say that they saw you steal their mailbox. Yes, you have to have proof.
yes u have to take pix and they shud pay 4 the damage
Civil Code countries: Guilty til proven innocent.
Common Law countries: Innocent until proven guilty.
Civil case: Proponderance of evidence.
I think you may still have to provide proof. Do you have pictures of the damage? Did any one else see anything? What time did it happen and are you sure this person or persons did the act? If you saw it I would still file a report and be as accurate as possible. A Police report is always very important because they will go and talk to the other party, they usually know when someone isn't being truth full with them. Good luck.
your sworn testimony is strong proof. If the other person swears in court that he did not do it, it is up to the jury to decide who is telling the truth. In fact, that is the most common role of a jury, to choose between competing bits of testimony.
You would need a witness. In the case of something like this it becomes a matter of what is known as "he said, she said', which is basically a stalemate and proves nothing.
Example:
He said she did.
She said she didn't.
The score is 1 to 1 or a draw. Case dismissed for lack of evidence.
yes u can
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