So you don't know squat about the American legal system, do you.
This is under Civil Law, which is a preponderance of evidence. In other words, she is the plaintiff and Cain is the respondent. Which therefore places the burden of proof on Cain. That is, if this were actually a filed case. Which it is not. In addition to that, if this woman was out for extortion, she would not have made it public. So, money is not her motive. The consensus is, that she was notified that this anonymous affair between her and Cain had been discovered by the press, so she came forward voluntarily to protect her own interests.
In essence, she has already presented the details of the case first, with tentative evidence to support her claim. (Text messages) All they have from Cain is an informal denial. That is hardly an admission of innocence to any court, so the burden of proof is on Cain, which he cannot yet refute.
This is just getting started. And with just one month away until the primaries, Cain has no chance.
There is no legal case at present therefore analogies to a legal case are pointless.
A lawsuit can take years and would result in Cain being deposed on a wide variety of subjects and being forced to turn over all kinds of records. It is not a panacea.
The people on here who constantly insist someone should “simply” go to court are the types who get hauled out of courtrooms and thrown in jail for contempt bc they cannot fathom that the legal system isn’t there to do everything they want. These folks drive their lawyers crazy bc they discover all the court rules apply to them too, and that is just outrageous.
BTW, a preponderance means you gots’ ta’ have something ~ and Ginger has provided nothing. She’s not suing Cain.
Cain has plenty of chance and time in this election. A week will be an eternity times 2.
McCain was dead and buried after Iowa last election and got second in NH then won SC and then was the leader. Cain is in third right now.
Nice try though.
Pray for Cain
I am quite well versed in the legal system. If anyone sues, it will be Cain suing White. Defamation actions are different from most other civil actions I’m that once per se defamation is established, the burden of proof shifts to the defendant.
I am quite well versed in the legal system. If anyone sues, it will be Cain suing White. Defamation actions are different from most other civil actions I’m that once per se defamation is established, the burden of proof shifts to the defendant.
I think you are in error. She made her case in front of the media - not in a court room. There’s a difference. She accused him and now has to prove her allegations if pressured to do so. The burden of proof is on her - he is the defendant.