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The defense does not need to prove anything.

The defense merely needs to cause doubt on one of the elements to win.

For example, in a negligence suit, the plaintiff must prove.

1. duty

2. breach of duty

3. actual causation

4. proximate causation

5. damages.

The defense only needs to create some doubt with regard to one of these elements.

There is one exception though.

The defense can also try to prove an "affirmative defense". If I am suing you for punching me in the face, you can try to prove that we were in a fight club and that I asked you to punch me in the face.

As for my source, I am a law student, not a lawyer, so check with a lawyer if you are having legal trouble.

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Q: What must the defence prove to win a case?
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