₦airaland Forum

BluntTheApostle:
There is nothing perculiar about burden of proof in a lawsuit.

It is the same everywhere.

Show me a link where burden of proof ever fell to the defendant?

The only way a defendant would ever have to prove a case is if they file a counterclaim in which case, their role reverses from defendant to plaintiff.

please go and read your book. If by now you don't know there are exceptions to the general rules as to burden on proof. Then I shouldn't be doing this with you..

jaxxy:
How do we know it’s a false accusation and not real?

she will be made to prove the verity of her statements on trial.

PaChukwudi44:
He is not a lawyer

He is. I know a colleague when I see one. But he's quite too academic. A self-destructive attribute of new wigs.

BluntTheApostle:
We are taking about lawsuits, you are talking about experience.

If experience is all it takes to understand the law, then why do we need people going to study law?

Every where in the world, lawsuits have the same components, the same keywords.

Plaintiff: the person who feels someone has hurt them, and they need to prove that the person actually lied.

Defendant: the person defending him/herself against a lawsuit. They must disprove at least one element of the lawsuit against them.

Claims: money or properties in damages.

It is the same everywhere.

If someone has hurt you and you make claims in damages, the onus is on you to prove that you were lied against. After all, you are the one complaining.

cos in practice, how the court consolidates burden/standard of proof could be different pursuany to the peculiarities of each case. Go to a library pls and do some "practical and procedural" research on claims such as these..

With this attitude, you'd be feasted upon in court by THOSE WHO KNOW.

BluntTheApostle:
You are being ridiculous.

So, lawsuit, plaintiff, are exclusive to the US justice system?

Please, who is a plaintiff in your village?

Let us start from there.

I like the fact that you're not a "layman" but I still don't know where to start.. Maybe cos I'm tired this night

BluntTheApostle:
This is not a rape case.

This is a lawsuit.

D'Banj is the plaintiff. He is the one who has brought a case against Seyitan. He is the one to prove his case and try to win the lawsuit.

Read this:

Broadly there are four elements that the plaintiff is required to prove in a defamation lawsuit, whether for libel (a defamatory written statement, for example in a newspaper or other publication) or slander (a defamatory spoken statement.) These are as follows:

The statement, which must be about another person, must be false.

The statement must be ‘published’ to a third party, who cannot also be the person who is being defamed. Publishing in this context does not mean that it must be printed, but purely that the statement has to be ‘made available’ to someone other than the person about whom the statement was made.

If the nature of the statement is ‘of public concern’ the person who has published it must be at least liable in negligence. Public figures who seek to prove that they have been defamed must prove an additional element under the First Amendment of the US Constitution, that in publishing the statement the defendant was acting with ‘actual malice’ (by publishing something they know to be a lie) or at least to have a total disregard for whether the statement is true or not.

The person about whom the defamatory statement is made must be ‘damaged’ by the statement. In some states, it is sufficient to establish that the plaintiff suffered ‘mental anguish’ as opposed to ‘damage.’



https://www.lawfirms.com/resources/personal-injury/libel-and-slander/elements-required-defamation.htm

how old are you (of course you know the age I mean).. You're still too lexical and academic about these things.. Gather some experience 1st. This is not the civil procedure as students write in exams to pass law school

jaxxy:
Yeah true like bill cosby was the victim. My frnd its not in every case. Powerful smtmes think they can get away with certain misconduct. Until the law teaches them a lesson they will never forget.

I know there are cases where they are set up also.

the law is about to teach false accusers some lesson as well, DON'T YOU THINK.

jaxxy:
Seems powerful people can’t be accused of rape? Instead of allowing investigation to take its course they can just sue and everybody will believe they are innocent and get their victims shaking. Nice

in every (most) cases, these "powerful people" as you call them, are usually the real victims.

BluntTheApostle:
Calm down, you halfwit. What is so hard to understand here.

She claimed D'Banj raped her. D'Banj files a lawsuit against her claiming that it was false accusations.

D'Banj has to prove that her claim is false. If Seyitan files a counterclaim, she has to prove that D'Banj raped her.

you haven't worked on a rape case and its quite clear.

chubinwa:
#1.5b is way too much

the court will reduce it tho.. Although she should still be liable to over 200million in damages. Dbanj is a public figure and the seeming damage on him is of a higher magnitude as a result.

BluntTheApostle:
What makes an article defamatory? An article is not defamatory simply because it dragged your name. You have to prove that the article peddled lies against you.

read up on libel. It is sui generis

BluntTheApostle:
She is the defendant. The onus of proof lies with the one who filed the lawsuit (the plaintiff).

If Seyitan files a counterclaim, she would then have to prove her counterclaims.

If you go and report someone in the police station, you are the one who proves, while the person who you went to report has to defend himself.

You are the one who must prove that the person offended you because you are the one making the report.

not in this very cause of action. He only has to establish "a case for her to defend". Once there is a prima facie case, in defamation, the defendant bears the chunk of the fire at trial.

Exc2000:
Rape means sex without consent

Seyitan must prove they had sex (Medical tenable evidence (

Must prove it wasn't consented

Must prove Dapo broke into her hotel room

She needs evidence and witness


D'banj needs to prove nothing but defend her allegations so burden of proof lies with seyitan the accuser

Defamation of character and libel means you falsely accused me and must prove beyond any doubt I did what you defamed me of


.

Funny enough, If she proves every other thing and fails to prove the bolded portion, she is in trouble. The only way she can avoid the problem coming her way is to commit suicide. Too bad!


These ladies just chase cheap clout and end up making ridicule of themselves.

BluntTheApostle:
Seyitan's position is very simple. She will be defending herself against a lawsuit. She should be able to disprove at least one element of D'Banj's case.

D'Banj has the major work to do. He must prove every element of his case. How would he prove that he didn't rape Seyitan?

Let's wait and see.

did you go to school? I apologize if the question is provocative. I had to ask..

At the same time, I'd be glad if you answer cos it's very glaring that the onus of proof lies on her. I'm stunned you don't get it. In a nutshell, SHE HAS DEFAMED HIM

One thing is for sure.

The percentage of rape accusations that are real isn't more than 0.2%.

Man City 4-0 LiVARfluke

MNC 4-0 LIV

WHU 3-2 CHE

Excessnation:
;Dso what would happen to Chelsea

however bad it may be for chelsea, they will still finish above Arsenal and spurs. At least we can be sure of that. Which means Chelsea are kinda guaranteed to go to Europe. Chelsea's condition can't be too bad for them to miss Europa. Haba! Naa!

MUN 4-0 BOU

Kepa too

Liverpool have been crowned champions and City look set to finish in 2nd place.

3rd and 4th places are still in contention AND Wolves and Manchester United are favorites to take the remaining Champions League spots, but which of them would finish above the other?

My honest prediction is..

1. Liverpool
2. Manchester City
3. Manchester United
4. Wolves.

What a battle!

MCI 4-0 LIV

See as dem use liverfluke sweep ground..

openmine:
[s][/s]
yawn
lamentations of a wailing fan!
The same watford that cant win southampton or still fighting for survival?
So what will you say about mancity that lost back to back to wolves?
This is just one of several titles that will be won by LFC!
We wont defend the league,we will attack it!

exactly. You will attack the league, then the league will defend itself and fight back.

WHICH OFCOURSE HAS STARTED TONIGHT. The league has hammared Liverpool 4-0.

BTW. If you don't want Watford, we can decide to call Atletico instead. Make your pick!

sircatherine45:
lolz
LIVERPOOL 1
ATLETICO MADRID 3

Exactly

openmine:
[s][/s]
Another wailing fan with a stale script!
wail me an ocean please

are you aware that it took you 30yrs to find rare luck?

Are you also aware that there's even a team that has more EPL trophies than Liverpool?

If you vex us too much, we will report you to Watford oo.

E pain am

sircatherine45:
call names na.
We are waiting...

Paul. Kehide, Stanley, Kingsley, Miller, johnpaul, Tolu

horlagold007:
chaiiii........
isnt 4-0 too much bayii

we still have vivid memories of a certain time "not long ago" where city thrashed Liverpool 5-0. Whenever City decides to rout Liverpool, they usually do it with so much ease. No be today!

yusfatedeeprof:
Liverpool winning the league really pained some people o, they rather want man city to win than Liverpool, so much hate....

Your wailing must continue next season #Backtoback #YNWA...

bros no dey lie, d thing pain you. Abi no be una been wan do "invincible"?

Anyway, congrats on your " rare" EPL triumph. U guys did well.

EbukaHades10:
Quick question, that first statement, who and who said it?

most Liverpool fans I know.

Or do you need names of people you don't know?

Beginning of the season.
Liverpool fans: " we will go unbeaten all season"

"A FEW MOMENTS LATER"

Community shield.. Man city thrashes Liverpool
UCL.. Napoli thrashes Liverpool
Carling cup... Aston Villa thrashes Liverpool
FA cup... Chelsea thrashes Liverpool
EPL... Watford thrashes Liverpool
UCL... Atletico thrashes Liverpool
UCL ... Atletico thrashes Liverpool again
EPL... Man City thrashes Liverpool again.


Too bad, this Liverpool has done well but they can't keep up for long.