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Comment by wildzzz

2 hours ago

Because civil cases are based on the preponderance of the evidence rather than beyond a reasonable doubt, plaintiffs have a much lower bar to clear for winning. However, because of the ease that they may win, there needs to be protections for defendants to ensure that it's fair. If you show up with yellowed documents claiming the defendant did something yet the defendant has, reasonably, lost the records that could disprove the claim, why should the plaintiff have the advantage? If the only thing you need to win an ancient lawsuit is to just hold onto records longer than the other guy, that's not an effective system.