New Jersey Lemon Law Lawyer Blog
Consumer fraud trials can be complicated, LONG and a challenge. There are Rules of Court that must be followed, rules of evidence and Model Jury Instructions. A trial has very little to do with everyday common sense. There are strict rules to address what arguments can be made, what facts can be presented to the judge and jury and burdens of proof and persuasion. It takes years of in court experience to understand a trial, especially a Consumer For a Trial.
A Consumer Fraud Trial has a large amount of very technical requirements/proof/burdens. As in most cases, the plaintiff has the burden. However in some areas of a Consumer Trial the burden is lowered because of the practical considerations the legislature has determined are necessary for the enforcement of the consumer fraud act.
A good example is Proximate Cause. In most lawsuits, and in most causes of action there is a requirement for proximate cause. Proximate cause requires that the actions of the defendant caused the damage to the plaintiff or the victim. There are specific jury instructions that address this issue. However, in Consumer Fraud Trials the standard/burden has been lowered by the New Jersey courts.