Maine Jury Instruction — 6.2 Burden of Proof for Multiple Claims or if Both Plaintiff and Defendant or Third Parties Have Burden of Proof: In Maine jury trials, when multiple claims are being considered, or when both the plaintiff and defendant, or even third parties, have a burden of proof, the jury must understand the applicable burden of proof and its implications. Under this instruction, the jury is instructed on the various types of burdens of proof that may apply depending on the circumstances of the case. Here are some key types of burdens of proof: 1. Preponderance of the Evidence: When the burden of proof is on the plaintiff or defendant to establish a claim, it must be proven by a preponderance of the evidence. This means that the evidence presented must be more convincing and persuasive than the opposing party's evidence. The jury must find that it is more likely than not that the claim is true. 2. Clear and Convincing Evidence: In certain cases, particularly those involving fraud, defamation, or decision-making concerning termination of parental rights, a higher standard of proof may be required. The burden of proof in such cases is clear and convincing evidence. This standard requires evidence that is highly and substantially more probable to be true than not. The jury must be convinced that the claim is highly probable or highly likely true. 3. Beyond a Reasonable Doubt: In criminal cases, where the government is the plaintiff, the burden of proof is beyond a reasonable doubt. This is the highest standard of proof, requiring the evidence to establish guilt to such an extent that there are no reasonable doubts remaining. The jury must be convinced of the defendant's guilt to a moral certainty. 4. Affirmative Defenses: In cases where the defendant or third parties assert affirmative defenses, the burden of proof may shift. The defendant or third party is responsible for proving the elements of the affirmative defense by a preponderance of the evidence. The jury must find that it is more likely than not that the affirmative defense is valid. It is important for the jury to understand the burden of proof applicable to each claim and party in order to make a fair and just decision. Failure to meet the burden of proof may result in the claim being dismissed or the defense being unsuccessful. Maine Jury Instruction — 6.2 Burden of Proof for Multiple Claims or if Both Plaintiff and Defendant or Third Parties Have Burden of Proof is a comprehensive guideline that provides clarity and guidance to the jury to ensure a fair trial process.