Two cars collide at an intersection. Witness A says Car 1 ran the red light. Witness B says Car 2 ran the red light. Both witnesses are credible. The jury is perfectly split text 50/50 on who was at fault. If the plaintiff (Driver of Car 1) has the burden of proof, who wins?

Home › MCQs › The Title 28 of the United States Code › Question #3727

The Title 28 of the United States Code QUESTION #3727

Question 1

Two cars collide at an intersection. Witness A says Car 1 ran the red light. Witness B says Car 2 ran the red light. Both witnesses are credible. The jury is perfectly split $\text{50/50}$ on who was at fault. If the plaintiff (Driver of Car 1) has the burden of proof, who wins?

The plaintiff.
The defendant.✔️
Neither; it's a mistrial.
They share the damages equally.

Correct Answer Explanation

The plaintiff bears the burden of proof by a 'preponderance of the evidence' (more likely than not, or $>50\%$). If the evidence is in equipoise (exactly $50/50$), the party with the burden of proof loses.

More Options