High Evidentiary Burden
and Traps in the Enforcement Process 1.
This Part discusses new evidentiary burdens
on plaintiffs; various class certification requirements (the class definition, numerosity, commonality, adequacy, and classes under Rule 23(b)(2) and (b)(3)); certification of settlement classes; "issues classes" under Rule 23(c)(4); and classwide arbitration.
The courts are contributing to the failing probation system by creating precedent that directly and indirectly increases the evidentiary burdens
at probation violation hearings.
Who bears the evidentiary burden
is a normative decision and a key determination with respect to risk management (127).
however, a claim of informa pauperis can only succeed if the person claiming it can meet the evidentiary burden
of proof of indigence.
Alabama (37) regarding the evidentiary burden
on a defendant to challenge the State's use of a peremptory challenge.
30(2) (b) to include subparagraphs 1, 2, 3, and 4 which define the criteria imputation of income for child support calculation purposes under the statutory child support guidelines; assigns the evidentiary burden
to the party seeking to impute the income; and finally, creates a rebuttable presumption pertaining to imputation of the minimum wage.
Under the proposed Interpretation, an enterprise must satisfy a stringent evidentiary burden
in order to establish a probable level of confidence in the validity of its tax position.
That legislation requires the Secretary of Homeland Security, after consultation with the Secretary of State, to identify categories of Iranian religious minorities whose refugee claims will be adjudicated in accordance with a reduced evidentiary burden
In particular, they refused to apply to a party at the summary judgment stage of the proceedings the evidentiary burden
that the party must carry at the directed verdict and trial stages.
Kentucky, which lessened the evidentiary burden
on a defendant trying to prove that a prosecutor had used peremptory challenges to exclude blacks from the jury.
8) However, the prevalent view of the required evidentiary burden
claims that the plaintiff-friendly Price Waterhouse framework should be available to a plaintiff as long as his or her evidence of discrimination is directly tied to the decisionmaking process at issue.
The Court's holding emphasized the procedural manner in which succession arises, and the resultant evidentiary burden
that is created.
Thus, Mattco's cause of action is analogous to a legal malpractice case in which an attorney is accused of losing a plaintiff's case through negligence, and the same evidentiary burden
142) PRASA's data were insufficient to satisfy its evidentiary burden
because they indicated at best that modified discharge would be minimal or uncertain when compared to other dischargers in the marine environment.