opposed to a criminal case, winning is determined by the preponderance of evidence. In other words, the majority of the evidence must suggest finding for the plaintiff. Of course, the burden of proof remains on the plaintiffs, but as Professor Nesson explained in the book, the plaintiffs must prove only "that it is 'more than likely true than not' – a standard often taken to mean by 51 percent or better" (Harr 236). Although this is easier to achieve than proving beyond a reasonable doubt, it still has its difficulties. The harm must be linked to the behavior of the defendant, a factor often hard to prove.
The attempt to link the harm to the behavior of the defendant produced its share of successes and failures for the Schlichtmann team. Not only did the plaintiffs have to prove that the corporations contaminated the water, but they also had to show that the contamination caused the leukemia and the other health problems. To do this they enlisted the help and expertise of numerous doctors and specialists. Naturally the defending side recruited their own set of experts. As in any case, each side is going to have an expert who will refute the testimony of the other side's expert. This is a normal part of arguing a case, but can c
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