288 results on '"Burden of proof -- Cases"'
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2. Convicting the innocent beyond a reasonable doubt: some lessons about jury instructions from the Sheppard case.
3. Stemming the tide of motions for summary judgment and motions for judgment as a matter of law.
4. Should any factual determination authorizing an increase in a criminal defendant's sentence be proven to a jury beyond a reasonable doubt?
5. Kennedy v. So. Cal. Edison Co.: the Rutherford instruction applicable to dangerous chemical cases.
6. Seaworthiness adapts to a new environment.
7. R. v. Stone.
8. Burden of proof in the Tax Court after the IRS Restructuring and Reform Act of 1998 and Shea v. Commissioner.
9. Employment law - reverse discrimination - Title VII does not require a party alleging reverse discrimination to provide evidence of background circumstances to demonstrate that the employer unjustly discriminates against the majority to establish a prima facie case of employment discrimination.
10. Employment law - reverse discrimination - Title VII does not require a party alleging reverse discrimination to provide evidence of background circumstances to demonstrate that the employer unjustly discriminates against the majority to establish a prima facie case of employment discrimination.
11. Legal malpractice - collectibility of damages - burden of proving (un)collectibility of damages - the Pennsylvania Supreme Court held that collectibility of damages in the underlying suit was properly considered in a legal malpractice cause of action and that the burden of proving (un)collectibility of damages was on the attorney-defendant, who must plead uncollectibility as an affirmative defense and prove it by a preponderance of the evidence.
12. Tort law - tortious interference with contract: the Arkansas Supreme Court clarifies who has the burden and what they have to prove.
13. A leveling of the field or fatal fall for summary judgment?
14. The Individuals with Disabilities Education Act and Department of Defense educational programs: DDESS case no. 97-001 (March 24, 1998).
15. State of employment discrimination cases after Hicks.
16. The Louisiana Supreme Court abruptly shifts the causation burden for plaintiffs under the Medical Malpractice Act.
17. Finding that a child is at risk from sexual abuse: Re H. (Minors) (Sexual Abuse: Standard of Proof).
18. Mild to moderate brain injury: proving the invisible injury.
19. Sequence of evidence and witnesses in a traumatic brain injury case - who's on first?
20. Simplifying the issue? State v. Fike and the doctrine of lesser included offenses in Kansas.
21. Burden of proof and estimation of drug quantities under the Federal Sentencing Guidelines.
22. Employment law: eliminating the replacement outside the protected class element in ADEA hiring and replacement cases.
23. The Ninth Circuit fails to mend the inter-circuit split regarding the burden of proof in fire statute cases.
24. Due process - fundamental fairness - state statute placing upon the defendant the burden of proving his incompetence to stand trial on criminal charges by clear and convincing evidence violated Fourteenth Amendment fundamental due process rights.
25. Instructing on reasonable doubt after Victor v. Nebraska: a trial judge's certain thoughts on certainty.
26. Admission possible: reconsidering the impact of EEOC reasonable cause determinations in the Ninth Circuit.
27. Taking sides: the burden of proof switch.
28. Florida's anti-suicide presumption: an evidentiary chameleon.
29. The Commonwealth Court further develops the 'persistent negligence' standard for teacher tenure appeals.
30. Judicial clouding of a once clear burden of proof in awards of attorney fees under 42 U.S.C. section 1988.
31. Torts - infliction of emotional distress - recovery for fear of future illness predicated on proof of exposure and rational fear.
32. Protecting nonmedia defamation defendants from the 'chill' of self censorship.
33. Allocating the burden of proof in sales litigation: the law, its rationale, a new theory, and its failure.
34. Disability law - burden of proof - an individual challenging the capacity of a developmentally-disabled person to make an independent decision bears the burden of proving by clear and convincing evidence that the disabled person has the specific incapacity to decide.
35. Reasonable doubt jury instructions: the Supreme Court struggles to live by its principles.
36. Requiring clear and convincing proof in tort claims involving recently recovered repressed memories.
37. The 'burden' of proof in federal habeas litigation.
38. The process of reasonable doubt: a proposed instruction in response to Victor v. Nebraska.
39. Customs law - duties - extensions of liquidation granted by customs held reasonable under the preponderance of the evidence standard.
40. The end of the true doubt rule.
41. Assessing the application of McDonnell Douglas to employment discrimination claims brought under the Americans with Disabilities Act.
42. The 'reasonable doubt' dilemma.
43. Commentary to Journal of Law & Commerce case 1; Oberlandesgericht, Frankfurt Am Main.
44. Resolving the doubt about the true doubt rule.
45. Burden of proof - employee has ultimate burden of proof in a Title VII case to show discriminatory intent even if employer's reasons for dismissal are pretextual.
46. Burden and standard of proof in criminal cases in Papua New Guinea - problems in developing a coherent indigenous jurisprudence.
47. A commentary on reviewing sufficiency of the evidence under Jackson v. Virginia.
48. Criminal law; the term 'clear proof' in section 26 of the California Penal Code places the burden on the prosecution to prove by clear and convincing evidence, not beyond a reasonable doubt.
49. Jury instructions stating that mens rea for assault is established when the state proves that a defendant willfully committed an act that by its nature will probably and directly result in an injury to another does not create an unconstitutional burden-shifting presumption.
50. Burdening the plaintiff: proving employment discrimination.
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