The next question is how to determine whether a rebuttable statutory presumption affects the burden of producing evidence under [section]90.302(1) or the burden of proof
I think, however, that you conflate two separate questions: (a) who has the burden of proof
?; and (b) what is required to discharge that burden?
As a result of the wide jurisdiction of SAT, the respective streams in which SAT is organised, have adopted a slightly different approach as to who bears the burden of proof
and what is the required standard of proof.
Locating the dispute squarely in the provincial and local community affects Rowles JA's constitutional analysis, but it also has consequences for her approach to the evidence and the burden of proof
. Placed in this context, the evidence establishing that Insite does reduce harm from drug use, including the risk of fatal overdose, firmly supports the claim about arbitrariness: a law which aims to promote health and safety but instead promotes disease and risk of death is arbitrary indeed.
(18) In Doyle, the Court described the employee's burden of proof
to show that his constitutionally protected activity was a substantial, motivating factor of his discharge.
After meetings with the bill's author and sponsor, conceptual agreement was reached that California's existing burden of proof
would not be changed and the increased penalties would only apply to actual tax evasion situations.
The Commercial Code requires automobile and other damage insurance to cover ''unanticipated accidents'' in a provision generally taken to lay the burden of proof
on claimants, but the Supreme Court ruled the other way in December 2004 in a fire insurance case.
Separately, the Appellate Court panel concluded that the burden of proof
under IFPA was a clear and convincing evidence standard.
Writing for the 6-to-2 majority, (2) Justice O'Connor, who had agreed to remain on the Court until approval of her replacement, first pointed out that the Individuals with Disabilities Education Act (IDEA) is silent with regard to burden of proof
(the term she used when referring to burden of persuasion) and that, with very few exceptions, the normal rule in cases where the statute does not specify otherwise is that the moving party (i.e., the side that brings the cause of action) bears the burden of proof
The Manual for Courts-Martial (MCM) fails to specify the required burden of proof
for a commanding officer to determine guilt when administering nonjudicial punishment.
Weast whether parents or school systems bear the burden of proof
in disputes over children's individualized education programs (IEPs).
One of the law's provisions shifted the burden of proof
from the individual taxpayer to the IRS in the U.S.
The change that I noticed at both shows is that the burden of proof
seems to be gone.
The Individuals with Disabilities Education Act does not specify whether parents or school districts have the burden of proof
in special education litigation.
He wants ``a change in the burden of proof
, with licences for extended opening only being granted to clubs and pubs able to demonstrate a record of social responsibility and care for the welfare of their customers.