Problem
Question I
In every trial there is evidence. 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." Using research identify, the various types of evidence used in trials. Research what "persuasive evidence" is. Then, do some research and find a legal case decision where an applicant alleged that an employer denied him/her a job/promotion because of his/her religious beliefs. What was the most persuasive evidence presented by each side? How and why did the court rule the way it did?
Question II
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). identify what "preponderance of the evidence" and "burden of proof" mean. Research and discuss a case where the judge explained why a plaintiff met or didn't meet his/her burden of proof. What did the judge say?
Question III
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. (i) define what "discovery" is, (ii) describe the many possible things that can occur during "discovery", and (iii) identify some important rules that exist during "discovery."