burden of proof

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Related to Burden of persuasion: burden of proof, Clear and convincing evidence
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Words related to burden of proof

the duty of proving a disputed charge

References in periodicals archive ?
In contrast, a presumption that affects the burden of proof "imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact." (15) Stated differently, this presumption impacts the burden of persuasion.
The first question the court is likely to ask the parties before discussing anything else related to a motion concerns the burden of persuasion and burden of proof.
Critique: A original novel of inherently fascinating complexity by an author with a genuine flair for narrative driven suspense replete with unexpected twists and turns, "The Burden Of Persuasion" by Anna Faktorovich is one of those exquisitely fashioned literary works of mystery and intrigue that will linger in the mind and memory of the reader long after the book itself has been finished and set back upon the shelf.
The Florida Supreme Court has often decided, however, that once a defendant meets the burden of production on an affirmative defense, the burden of persuasion is on the State to disprove the affirmative defense beyond a reasonable doubt (e.g, self-defense and consent to enter in a burglary prosecution).
the burden of persuasion changes to reflect our preferences." (175)
"Once the plaintiff has satisfied these burdens, 'the burden of persuasion shifts to the fiduciary to prove that the loss was not caused by ...
The global burden of proof, called the burden of persuasion in a persuasion dialogue, requires that the proponent has a thesis to be proved.
Lynch Commc'n Sys., 638 A.2d 1110 (Del, 1994), the Delaware Supreme Court held that entire fairness review applies to controlling-stockholder transactions, and that approval by a special committee or a majority of the minority stockholders would mean that the plaintiff, not the defendant, would bear the burden of persuasion on entire fairness at trial.
This burden of persuasion runs to all the elements of the forum non conveniens analysis.' In re Air Crash Disaster Near New Orleans, La.
(4) Have the burdens of persuasion shifted such that the party seeking preclusion had a lower burden of persuasion in the first trial than in the second?
burden of persuasion for all elements of a claim typically rests with
FBL Financial Services, Inc., the Court echoed this standard in an age discrimination case under the Age Discrimination in Employment Act (the ADEA)--announcing that the burden of persuasion never shifts to the party defending a discrimination claim under the ADEA where the plaintiff has produced some evidence that age was one motivating factor in an employer's decision to take an adverse job action against the plaintiff.
Kirkpatrick, Federal Evidence [section] 3.5 (3d ed.) ("Normally the burden of persuasion in civil cases is defined in terms of a preponderance of the evidence.