How in the world can it be upheld? Because she can’t remember or give a specific date or even year, that nullifys Trump’s ability to mount a defense. He cannot provide exculpatory evidence.
As the case in civil court turns on a preponderance is the evidence, trump offered no evidence to refute the claim. His liability was assured but this. The real question is why didn’t he mount a defense. My guess — more costly to be cross examined in open court under oath than pay a few million dollars.
Not putting on a defense were this criminal makes sense. As that burden is beyond a reasonable doubt. But for civil procedure — trump offered zero evidence. No defense was mounted.
For the reason I said. The jury believed her. Full stop. That they didn’t believe her FULLY, that is found the rape claim untrue, shows that they considered the evidence. That the appellate judges would have found differently doesn’t matter; again they do not weigh the evidence. I won’t send guess the decision not to testify, but one can hardly credibly claim one didnt have a chance to contradict the testimony if you don’t testify. Remember the burden of proof in civil cases is the preponderance of the evidence. Even if the jury thought it is only 51% likely she was telling the truth, that is enough. It’s just not a difficult standard to meet if the defendant doesn’t at least show up
For the reason I said. The jury believed her. Full stop. That they didn’t believe her FULLY, that is found the rape claim untrue, shows that they considered the evidence. That the appellate judges would have found differently doesn’t matter; again they do not weigh the evidence. I won’t send guess the decision not to testify, but one can hardly credibly claim one didnt have a chance to contradict the testimony if you don’t testify. Remember the burden of proof in civil cases is the preponderance of the evidence. Even if the jury thought it is only 51% likely she was telling the truth, that is enough. It’s just not a difficult standard to meet if the defendant doesn’t at least show up