burden of proof

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Related to Preponderance of the evidence: Clear and convincing evidence, proof beyond a reasonable doubt
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Words related to burden of proof

the duty of proving a disputed charge

References in periodicals archive ?
The bill also would have specified that the length of time for which durational alimony was awarded could not exceed half of the length of the marriage, unless the party seeking a longer award showed by a preponderance of the evidence that a longer award was appropriate.
11) Microsoft argued that the preponderance of the evidence standard
Elliote Quinn IV, Note, A Real Class Act: The Class Action Fairness Act of 2005's Amount in Controversy Requirement, Removal, and the Preponderance of the Evidence Standard, 78 Def.
In particular, trademarks and copyrights require only a preponderance of the evidence to overcome the presumption of validity.
And North Carolina has a hybrid standard, with the judge using clear and convincing evidence at pretrial and the jury using a preponderance of the evidence during the penalty phase.
The preponderance of the evidence supports the fact that COX-2 inhibitors are far superior to COX-1 inhibitors in terms of decreasing gastrointestinal side effects.
Alter a one day bench trial, the trial judge, alter finding that the plaintiff failed to prove by a preponderance of the evidence that the Authority's actions were a proximate cause of Ms.
5) As an added measure, Congress took the rare step of shifting the burden of proof to the accused to prove the existence of all affirmative defenses by a preponderance of the evidence.
If challenged, an individual must prove the number of contact periods she had with Ohio by a preponderance of the evidence.
In the sanity phase, the defense has the burden of proving insanity by the preponderance of the evidence.
The consider such aspects as whether the burden of proof is on the defense or prosecution, whether beyond a reasonable doubt in needed or just a preponderance of the evidence, whether a judge or jury decides, the role of experts, and what happens to a defendant who is found not guilty by reason of insanity.
As such, employees bore the burden of convincing a jury by a preponderance of the evidence that the employer had a duty to the employee, breached the duty with ensuing harm, and that there was a proximate cause between the breach and the harm.
For him, "in the absence of any possibility of proof one way or the other, the preponderance of the evidence has come to favor theism over atheism.
1) California's criminal procedure required the defendant to establish a prima facie case by a preponderance of the evidence that the peremptory challenges were impermissibly based on race.
The court concluded a preponderance of the evidence showed the company's shareholder-employees were reasonably compensated for each year under review and, therefore, the brothers' compensation was deductible in full.