56) The Fourth Circuit affirmed the district court's decision to adopt the trust law principle of shifting the burden of proof
for three reasons.
Deputy Speaker Giorgidi Aggabao, president of the Nationalist People's Coalition (NPC) said Carpio's line suffers from serious defect for shifting the burden of proof
to Poe, who is the defendant in the disqualification case.
She also commented that advances in technology provide debtors with that same, greater availability of information, in defense of shifting the burden of proof
First, shifting the burden of proof
with regard to fair use will result
Preserving the presumptions in favor of the state when it seeks to override the statutory apportionment schemes and shifting the burden of proof
to the taxpayer will continue to give state tax authorities an unfair advantage and place an undue burden on multistate businesses whether they are seeking an alternative apportionment method, or defending against a method forced upon them by the state.
Latif had to be treated as reliable and accurate, like official tax receipts, unless there was "clear evidence to the contrary" -- shifting the burden of proof
to the detainee.
40) The court then explained that proper instructions could avoid improperly shifting the burden of proof
to the accused.
instead of shifting the burden of proof
to the accused, the Crotchett
20) According to the Restatement (Third), the "rationale for shifting the burden of proof
to defendants whose tortious conduct exposed the plaintiff to a risk of harm is that, as between two culpable defendants and an innocent plaintiff, it is preferable to put the risk of error on the culpable defendants.
Muller does not attempt to prove the resisters' loyalty, but instead emphasizes the legal issues involved, thereby shifting the burden of proof
onto the government and courts charged with upholding the law.
So shifting the burden of proof
so a defendant effectively has to prove his innocence is a dangerous and slippery slope, according to solicitor Michael Gray, who is making the first challenge to the law on which Britain's controversial speed camera campaign is based.
The provisions shifting the burden of proof
are relatively new; the effective date was July 23, 1998.