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"More likely than not" that the plaintiff had to prove, which she seemed to fail to submit evidence to do so. Meaning the lack of evidence would fall on her, giving a default judgement to the defendant.
Partial, very cherry picked evidence. For example we did not get raw bank statements, we got an excel spreadsheet with her claims of the transactions (which conflicted with the following) + a heavily filtered set of bank statements that only showed transfers from 4 places: Her account -> Joint, His -> Her, Her -> His, Joint -> Her, for a set time period which was not the full relationship length. We got screenshots from another camera looking at the screen of the phone with cropping applied. We got a credit card statement with plenty of charges that she made (due to the location, he was in Turkye and Europe) but the final amount was stated as what he owed her.
So I guess if your stance is that bad biased evidence is more believable than no evidence, thats definitely a stance, though I'm not sure you'd like that applied to your interlocutors in the future.
North Carolina allows for civil fraud. Not sure what to tell you. If you want to type it into an LLM it will tell you the exact same thing. I tried to find the exact statue but ChatGPT seems to suck at that for some reason (probably indexing the page). All I can say is that I got instructions from the judge with the rest of the jury and fraud was one of the charges we were to consider.
What's my motivation for writing out a 3 page essay on my jury trial experiences when I hate writing, and I hate looking at my writing. Skepticism is never an unfounded trait on the internet, but if you are banking on your layman-legal knowledge as the critical support pillar, then I think you should recalibrate how much you think you actually know.
It's not enough in your opinion.
I doubt the defense felt further evidence would have helped their case, given they did not seek it in discovery. In this situation it's likely as another comment already explained to you, they submitted enough that they felt was convincing without having to expose the two parties even further than necessary.
No, you don't get to acknowledge you used the wrong terminology in another comment and then do this game here. I am well aware civil fraud is a thing, but what you said was fraud charges. That is incorrect.
As I explained in the other reply, this was because there was only two options. Either you were mistaken or you were lying. I didn't know which one, just that one of them had to be the case.
You were mistaken and therefore I was right. It was either of the two, and it ended up being one of them. If you do not understand the concept of "either or" and take one of the options as a direct accusation, then that is on you.
I acknowledged that I could be using less precise terminology, because I'm not an asshole. You seem to want to be seen as one instead.
I'm not mistaken, I'm just not pedantic af about syntax. Which apparently you are. Good to know.
If you're not mistaken when saying the civil court was handling fraud charges, then the other option must apply and you would be lying instead because as I established, civil courts would not handle that.
"You are mistaken" is the nice explanation for the false claim you made. We have an known to be incorrect claim and two possible explanations, choose one.
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The free table of contents for this book from the North Carolina Bar Association lists "constructive fraud" as a civil "cause of action" (basis for lawsuit). This lawyer webpage indicates that constructive fraud is different from actual fraud. The idea of a civil action is laid out in NC General Statutes ch. 1 § 1-2—but I can't actually find the list of civil causes of action anywhere, though I would expect it to be in chapter 1 or in chapter 1A.
This page has the standard jury instruction for constructive fraud (§ 800.06) under torts (part IV), so I guess it's nonstatutory common law.
You have a very dependable ability to find details. The 800.00 was the instruction set we received with some added formatting. Link. This is just listed as Fraud in NC and is from the civil courts. It looks like it's different than 800.005: Constructive Fraud.
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