Legal Question in Civil Litigation in Utah

Re: What is the standard of proof for libel cases?

Truth of a matter asserted may be established two ways: 1) via a preponderance of evidence and drawing logical conclusions from various pieces of evidence/testimony or 2) by hard physical tangible evidence of that matter supporting the allegations made.

Bringing simply students to testify on their own behalf and/or others about the abuse they have experienced or have "personal knowledge (read personally seen and not anecdotal)" of others' abuse, will bring the litigation to a jury who will have to decide whom they choose to believe--that is it is a 50-50 proposition.

I hope this answers your question.

If you have any more questions or you need clarification, feel free to contact me at my office. I have successfully represented several people in their Libel suits.

Nima Taradji

Re: What is the standard of proof for libel cases?

The answer to your question is, "it depends." More specifically, in defense of the defamation case against you, you would present at trial whatever evidence you have that, in fact, the school enaged in "abuse." The jury (or judge in a bench trial) would then weigh the evidence and make a finding. If the testimony of the students is compelling and the jury believes it, you will win. If not, you will lose.

Of course, during the course of the litigation, you will be entitled to engage in discovery, i.e., obtain documents from the school, take depositions, issue interrogatories, etc. These documents and testimony may provide to you more evidence than the simple testimony of the students. For example, there may be something in the school's files where a student lodged a complaint of abuse, etc. This is what happened in various litigation against the Catholic Church.

Please feel free to contact me should your fear of litigation materialize.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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