The judge said that we did not meet our burden of proof, so the government has a burden of proof by preponderance of 51 percent.
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The House managers bear the very heavy burden of proof.
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And the prosecutor, the government, has that burden of proof.
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That means the burden of proof should be on DAFs.
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After that, the burden of proof shifts to the state.
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If this is true, it reverses the burden of proof.
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But for now, the burden of proof is on them.
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As an asylum seeker, you carry a burden of proof.
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H: And what I don't think people understand is that Title IX campus investigations usually place the burden of proof on the victim, whereas legal court cases place the burden of proof on the accused.
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She added the state had not met its burden of proof.
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Yes, but: The burden of proof is high for Abrams' case.
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"I'm comfortable having to bear the burden of proof," Popick said.
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The burden of proof for this one human being has shifted.
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The new Republican-sponsored bill would flip the burden of proof.
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The burden of proof wasn't on Thomas to prove his innocence.
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It's really about the burden of proof, the reporting requirements around Volcker.
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In weighing these competing claims, the burden of proof must be reasonable.
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The burden of proof is on those who claim Leave will win.
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For example, it could reverse the burden of proof on equal pay.
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Civil lawsuits also carry a lower burden of proof than criminal cases.
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The burden of proof is fairly high, given the size of Mrs.
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Trump's bluster would then suddenly bump up against the burden of proof.
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Rather than suing for damages — which entails a high burden of proof.
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"When you are the plaintiff, you have the burden of proof," he said.
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The burden of proof cannot be on voters, that's not how democracies work.
|
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As such, they are "holding plaintiffs to their burden of proof," he said.
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If that's his argument, then there's a heavy burden of proof on that.
|
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Without the officers' testimony, prosecutors determined they couldn't meet their burden of proof.
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If this burden of proof hasn't already been met, it likely never will.
|
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Criminal charges would require a higher burden of proof than the civil lawsuit.
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" As such, he added, they are "holding plaintiffs to their burden of proof.
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A film doesn't carry as heavy a burden of proof as a book.
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You promote crazy conspiracy theory and shift burden of proof to your adversaries.
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Democrats also expect Republicans to try to set a high burden of proof.
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"For me, I never felt the burden of proof was proved," she said.
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If enacted, it would shift the burden of proof from defendants to prosecutors.
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The burden of proof that you're going to save costs has become high.
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There is a reason why the burden of proof is on the accuser.
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The burden of proof was on the prosecution in a case like this.
|
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Bear in mind that the burden of proof used by the University Court to find Johnson guilty of sexual intercourse without consent was significantly lower than the burden of proof used in Missoula District Court to find him not guilty.
|
|
When you run as a young person, you carry a tremendous burden of proof.
|
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They put the burden of proof on those saying these powers are being misused.
|
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As the burden of proof is on the plaintiff, the defense called no one.
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It just says the prosecutors didn't think they could sustain that burden of proof.
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"The IAAF placing the burden of proof on Mr. Leeper is inconsistent with the precedent of Oscar Pistorius, in which the IAAF had the burden of proof to show that Mr. Pistorius's prostheses provided him with an overall competitive advantage," Leeper's lawyers said.
|
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Since then the scope of American actions has broadened and the burden of proof fallen.
|
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The burden of proof is on Booker, and he failed to back up his claim.
|
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Basically, the burden of proof is on you to show it's not a publicity stunt.
|
|
"If you get audited, the burden of proof is on the taxpayer," Vives Ortiz said.
|
|
"In all cases, the applicant bears the burden of proof of admissibility," the agency said.
|
|
But legal experts — and Mr. Glassman himself — said the burden of proof was exceedingly steep.
|
|
The SEC, facing a lower burden of proof, chose to move forward in its case.
|
|
The House and Senate "can decide on whatever burden of proof they want," Bowman said.
|
|
The bill also: • Raises the bar for people seeking asylum to a higher burden of proof.
|
|
Layering on such artifice disrupts our immersion and highlights the burden of proof placed on victims.
|
|
So last year the country introduced Unexplained Wealth Orders (UWOs), which shift the burden of proof.
|
|
The e-mail also raises the subtler question of who should bear what "burden of proof".
|
|
As we all know, the burden of proof now rests with the scientific community at large.
|
|
But the burden of proof is on him, and he starts with large strikes against him.
|
|
The burden of proof in our judicial system is on the prosecution, not on the defense.
|
|
The government has the burden of proof, and it hasn't been able to win these cases.
|
|
In these cases, the burden of proof is on the veteran to show she wasn't overpaid.
|
|
The burden of proof has shifted to believing the aggrieved as opposed to defending the oppressor.
|
|
That is the charity that Kavanaugh deserves, given the burden of proof being laid upon him.
|
|
The prosecution bears the burden of proof beyond a reasonable doubt to show intent and materiality.
|
|
Usually, the burden of proof for an outlandish claim rests on the person making the assertion.
|
|
He said his office couldn't ensure them a fair trial or meet its burden of proof.
|
|
For example, what will the burden of proof be, or will there need to be any?
|
|
Black people have always had to bear the burden of proof when asserting themselves against institutionalized racism.
|
|
Environmental watchdogs had fought for years to shift the burden of proof for toxic contamination onto companies.
|
|
What it means, though, is that there's a greater burden of proof, so to speak, on Simmons.
|
|
In the disciplinary hearing, the burden of proof will not be as high as the criminal trial.
|
|
OUR BURDEN OF PROOF IS NOT AS HIGH SO WE HAVE REALLY CONTINUED OBVISOULY COGNIZANT OF NEWMAN.
|
|
In these cases there's also a huge difference between the countries in the burden of proof applied.
|
|
They make decency have the burden of proof, where Cardozo would put that burden on the indecent.
|
|
Democrats said that standard would impose too great a burden of proof, effectively rendering the restriction useless.
|
|
"The VA established a burden of proof that is insurmountable to many impacted veterans," she said Wednesday.
|
|
The law requires the court to presume Redstone is competent, putting the burden of proof on Herzer.
|
|
And it raises the burden of proof on innovative firms to demonstrate the effectiveness of their approach.
|
|
Asylum seekers are thus saddled with a confounding burden of proof in an entirely unfamiliar legal system.
|
|
"They have the burden of proof and they have not come close to meeting it," Cipollone said.
|
|
Crucially, it finds that strict accountability laws adopted in 1999 shift the burden of proof onto Mr Sharif.
|
|
It's appropriate to give the defendant's interests greater weight and place the burden of proof on the state.
|
|
"There's a very high burden of proof, in my mind," he said of the charges against Officer Liang.
|
|
"The burden of proof is fairly high," said Eric Wiegand, senior portfolio manager at U.S. Bank Wealth Management.
|
|
Things feel off, but still, this is Waymo's case to make and their burden of proof to carry.
|
|
The burden of proof is on Lenovo to show that those issues won't appear in the final product.
|
|
But a selective higher burden of proof seems to make that true more for some groups than others.
|
|
Proving such charges beyond a reasonable doubt, the burden of proof in a criminal court, will be hard.
|
|
Their burden of proof is not to show that you're alive; it's to show that you're not dead.
|
|
The green card process is long and drawn out, and the burden of proof is on the couple.
|
|
The measure drastically shifts the burden of proof from defendant to plaintiff in employment and other discrimination cases.
|
|
Team Zhang will be the "junior party" in the dispute, so the burden of proof lies with them.
|
|
Instead, they've sought to put the burden of proof on those questioning Trump's claim to prove him wrong.
|
|
Other trial courts have disagreed with the 8th Circuit's view of which side bears the burden of proof.
|
|
But the necessity defense is almost never granted because the burden of proof is so hard to meet.
|
|
But criminal prosecutions require a higher burden of proof than the balance of probability enshrined in securities law.
|
|
While prosecutors may have faced hurdles in a criminal trial, a lawsuit has a lower burden of proof.
|
|
The burden of proof would be on the government, and plaintiffs who prevail would recover their lawyers' fees.
|
|
At this point, it is those who propose bipartisanship as an alternative who bear the burden of proof.
|
|
"There is now a large burden of proof on claims to the contrary," he wrote in an email.
|
|
"Receipts" can even act as a kind of racial relief, as a lightening of the burden of proof.
|
|
The burden of proof in instances of potential false statements to Congress is considerable, according to legal experts.
|
|
Manafort's attorneys didn't call witnesses in his defense, claiming the prosecution failed to meet its burden of proof.
|
|
In a reality-based world, people bringing wild claims of widespread lawbreaking should carry the burden of proof.
|
|
"The government has not met its burden of proof," Manafort attorney Kevin Downing said Tuesday outside the court.
|
|
Defamation laws are stacked in favor of plaintiffs, with a greater burden of proof falling on the victim.
|
|
According to Saldivar, the burden of proof to perform such extreme invasive procedures must be held incredibly high.
|
|
The burden of proof has now shifted directly to Sanders and, to a slightly lesser extent, Biden and Warren.
|
|
But, as the burden of proof is on individuals filing the complaint, the cases are rarely brought to justice.
|
|
There is a problem in the way in which we are setting the burden of proof for sexual crimes.
|
|
"It's shifting the burden of proof from the motor vehicle driver to the pedestrian," he told the Bismarck Tribune.
|
|
However, it does put a very high burden of proof on researchers arguing that some other factor is responsible.
|
|
The lower burden of proof required for retaliation claims has led to a surge of complaints in recent years.
|
|
While prosecutors then dropped the criminal case, the SEC, facing a lower burden of proof, elected to move forward.
|
|
The law raised the burden of proof required for the DEA to freeze shipments of opioids it deems suspicious.
|
|
Placing the burden of proof on anyone other than them is an error we will all come to regret.
|
|
But four major flaws will significantly impede the law's success: timing, misplaced responsibility, burden of proof, and inadequate remedies.
|
|
The court ruled that in these hearings the burden of proof was on the person claiming the statute's protections.
|
|
You may be thinking that surely the burden of proof to do such a thing must be extremely high.
|
|
That's why a defendant is presumed innocent until proven guilty, with the burden of proof falling to the accuser.
|
|
They asserted the lower court that tried the case had wrongly placed the burden of proof on the defendants.
|
|
One of the more controversial components of the Obama rules lowered the burden of proof for sexual assault cases.
|
|
The presumption is now reversed, placing the burden of proof back on survivors to prove that they were assaulted.
|
|
As long as gay soldiers kept their mouths shut, the burden of proof fell on those making the accusations.
|
|
The arbitrator ruled in favor of Wynn, saying Houston failed to provide evidence and meet the burden of proof.
|
|
The burden of proof is to demonstrate that his actions were so egregious as to merit removal from office.
|
|
Rather, they argued in closing that "beyond a reasonable doubt" was an extremely high burden of proof to reach.
|
|
The law grants immunity to anyone acting in self-defense and puts the burden of proof on the state.
|
|
"Unlike the current impeachment hearings, where the burden of proof is on the House of Representatives, here the burden of proof is on the president to prove that he is no longer a New York resident," said Michael Kosnitzky, who chairs the private wealth group at the law firm Pillsbury Winthrop Shaw Pittman.
|
|
And the prosecutor must convince the jury beyond a reasonable doubt, the highest burden of proof in our legal system.
|
|
Therefore, Choi's ability to meet his burden of proof is far more favorable than if he charged Yanez with murder.
|
|
Among other provisions, it would shift the burden of proof on self-defense cases involving firearms to prosecutors from defendants.
|
|
Yes, people need to pay closer attention to their mail, but the burden of proof shouldn't be on the voter.
|
|
The task force decided a lower burden of proof is acceptable if there are other key protections for accused students.
|
|
For some there is no burden of proof high enough, no evidence that cannot be dismissed as fabrication or manipulation.
|
|
The judgements and witness accounts reveal a broken and prejudicial system where the burden of proof is on the accused.
|
|
But service members who say they were exposed to the same chemicals on US soil bear the burden of proof.
|
|
The rights panel has little legal authority and its burden of proof is less than that required in Malaysian courts.
|
|
It's a start, but right now the burden of proof is on Google to convince us that more will follow.
|
|
After hearing Kavanaugh's side of the story, Thune told reporters that Ford's testimony had not upheld the burden of proof.
|
|
That lower burden of proof plays a major role in both the tactical utility and ability to misuse this procedure.
|
|
The burden of proof, especially in a concentrated market, should instead fall to the corporation seeking to buy a competitor.
|
|
The burden of proof for accusations that remain unproven is extremely high — especially in light of the special counsel's thoroughness.
|
|
The smart way to proceed would be to keep the world's powers united and the burden of proof on Iran.
|
|
Mixed-motive suits are an effort to fix this imbalance by shifting some of the burden of proof toward defendants.
|
|
The burden of proof for those protections is typically much higher than it is for a common request for asylum.
|
|
A state review concluded that district attorneys found that penalty difficult to pursue because of a high burden of proof.
|
|
The Obama administration responded to survivors' needs by lowering the burden of proof necessary to gain access to institutional support.
|
|
Those who ask them to change those things, even in service of something better, face a high burden of proof.
|
|
Darker-skinned women must meet a burden of proof that white or fairer-skinned women don't have to, Perry says.
|
|
The state said that it could not meet the burden of proof to gain a new conviction for Mr. Crawford.
|
|
Legal analyst John Day told CNN affiliate KOAT that in pretrial detention motions, the burden of proof falls on prosecutors.
|
|
But the SEC, which faces a lower burden of proof, chose to press its civil case against Payton and Durant.
|
|
Two other states — Kansas and Kentucky — also place the burden of proof on the government during Stand Your Ground hearings.
|
|
Some victims sacrifice everything to make the climb, but are slain along the way, the burden of proof impossibly high.
|
|
In addition, these revelations put the burden of proof upon those calling for renewed discussions of arms control with Russia.
|
|
They said the burden of proof was on her and since they were both equally credible, she hadn't met it.
|
|
In effect, the burden of proof lies with the entity under investigation to show the proper tax amount was paid.
|
|
The film depicts a five-year legal battle for exoneration, highlighting the burden of proof of innocence was on the accused.
|
|
After a five-day bench trial, Baltimore Circuit Judge Barry Williams said the state failed to meet its burden of proof.
|
|
The company says it should only have to turn this data over if law enforcement meets a high burden of proof.
|
|
But those from somewhere like Oregon surely place an even greater burden of proof on campaigners for assisted dying in Britain.
|
|
" She added that prosecutors "are confident that, had this case proceeded to trial, we would have met our burden of proof.
|
|
And they would lower the burden of proof for complainants, which, given the opacity of the Chinese system, is too high.
|
|
It's also a lower burden of proof than the "clear and convincing evidence" standard, which is used in some civil cases.
|
|
After 24 hours, the White House decided to dump the burden of proof on Congress, demanding an investigation into Trump's accusations.
|
|
But the trading commission, which has a lower burden of proof, is expected to announce additional cases in the coming months.
|
|
Ohio House Bill 228 would shift the burden of proof to prosecutors to show that defendants used force in self-defense.
|
|
But in Britain, where libel laws differ from those in the United States, the burden of proof is on the defendant.
|
|
This brief reiterates Congress' intent that the employer, not its employees should bear the burden of proof in whistleblower retaliation cases.
|
|
But such a charge requires a high burden of proof: Prosecutors must show that there was clear intent before the act.
|
|
Since the judge ruled Unsworth is a private figure, Unsworth will have a lower burden of proof in his defamation claims.
|
|
Tim: I thought it was really interesting that the burden of proof was on Dr. Blasey to prove her own story.
|
|
In the interest of justice, prosecutors should have acknowledged that they couldn't meet their burden of proof and cleared those inmates.
|
|
"Preponderance of evidence" is the burden of proof used in almost all civil lawsuits, even those seeking compensation after violent crimes.
|
|
"There is no established or uniform burden of proof," Michael Gerhardt, a University of North Carolina law professor, told The Hill.
|
|
So the burden of proof should lie completely with anyone who claims that this bill would NOT cause drastic coverage losses.
|
|
And, in this instance," he said incredulously, "we want to take the burden of proof and shift it to the prosecution.
|
|
That is, Barr employs the familiar "beyond a reasonable doubt" burden of proof necessary to convict a defendant of a crime.
|
|
This time, they have objected to the burden of proof being shifted to Leeper, a silver medalist at the 2012 Paralympics.
|
|
" It added: "Applicants for admission bear the burden of proof to establish that they are clearly eligible to enter the United States.
|
|
Unlike the criminal system, the burden of proof is a balance of probabilities instead of a standard of beyond a reasonable doubt.
|
|
Democrats say that the burden of proof is too difficult for the government and terrorists could wait out the three-day period.
|
|
The revision shifted the burden of proof during pretrial hearings to prosecutors, rather than defendants, to show whether force was used lawfully.
|
|
By making such detailed filings, Mueller is actually increasing his burden of proof — suggesting a supreme confidence that he has the goods.
|
|
If it doesn't — if a statistical concept goes against the prior beliefs — I need a higher burden of proof to believe it.
|
|
The new policy raises the burden of proof for expelling an accused student and gives the university system more influence on punishments.
|
|
The idea of innocent until proven guilty is enshrined in Islamic law, with an especially high burden of proof for illicit sex.
|
|
The burden of proof is on the USSF to prove that the disparity can be legitimately explained by one of these four.
|
|
To others, this burden of proof when explaining gender disparities in their fields displays what Ms Ginther calls "a bias against bias".
|
|
Importantly, it would also shift the burden of proof onto merging firms, asking them to demonstrate that consolidation would not undercut competition.
|
|
At that point, the burden of proof fell squarely on him—and he was unable to meet it, or anything like it.
|
|
Another option is for prosecutors to handle the investigation as a civil fraud matter, which would require a lower burden of proof.
|
|
The burden of proof is placed on the gun owner to prove they are not at risk for harming themselves or others.
|
|
However, Judge Genece Brinkley said in an opinion Monday that Mill didn't meet his burden of proof in questioning the officer's credibility.
|
|
And if the police claim your possessions are related to a crime, the burden of proof is on you to prove otherwise.
|
|
I would say the biggest explanation for the decision in the case was the heavy burden of proof that the prosecution had.
|
|
The big picture: DeVos' rules further push back on Obama administration guidelines to universities that decreased the burden of proof for accusers.
|
|
The case turned on an arcane legal issue: when does the burden of proof flip in an antitrust rule-of-reason case?
|
|
"This presumption that the registered owner is the driver impermissibly shifts the burden of proof," Mr. Wright said in an emailed statement.
|
|
But the Justice Department would likely lose a case like Arcentales's in the Ninth Circuit, where there is a burden of proof.
|
|
A seizure can be extended to 22018 days, and the burden of proof is on the gun owner to get firearms back.
|
|
As I describe in a paper, this new doctrine would allow for the burden of proof to be shifted to the employer.
|
|
Under Colorado's law, the State Supreme Court said, they had to file new civil suits and meet a heightened burden of proof.
|
|
The legislation also increases the availability of attorney fees for innocent owners, and places a higher burden of proof on the government.
|
|
Fear of litigation from lowering the burden of proof, he said, would have kept companies from entering into individualized contracts with farmers.
|
|
The high burden of proof in Europe coupled with "zero cooperation from Russia in providing ... evidence" were exacerbating the problem, Felicio added.
|
|
Judges aren't telling lawyers what legal opinions they are relying on to determine whether an immigrant met the burden of proof, either.
|
|
"We want to go to court as soon as possible," Petrocelli told CNBC, saying the burden of proof was on the government.
|
|
The appeal to the PA Supreme Court comes just 3 days after Brinkley ruled Meek's side failed to meet its burden of proof.
|
|
Check out our first episode, on the Burden of Proof, and watch that conspiracy theory crumble in the face of cold, hard logic.
|
|
Jurors and the broader public often give police officers the benefit of the doubt, and there is often a high burden of proof.
|
|
There's a burden of proof on white students at black colleges to give something back and not just take something from this experience.
|
|
"With the burden of proof firmly on the FCA to show wrongdoing, it appears that the hurdle may be too high," Bovill said.
|
|
HEMINGWAY: I do think the burden of proof at this point is on people who think that NATO is doing a good job.
|
|
"We want to go to court as soon as possible," Petrocelli told CNBC, saying the burden of proof was on the government. cnb.
|
|
The burden of proof shifts to Trump and the White House to show that what Comey wrote in the memo was simply incorrect.
|
|
Speier's proposal would put a lower burden of proof on accusers, which was one of the controversial aspects of the Obama administration guidelines.
|
|
The new law shifts the burden of proof in pretrial hearings to prosecutors, rather than defendants, to prove whether force was used lawfully.
|
|
In recent months, his party has launched a slew of bills to overhaul criminal law and procedures to raise the burden of proof.
|
|
If China is not, Trump has nevertheless placed the burden of proof on China to demonstrate that it plays according to the rules.
|
|
The burden of proof is lower under civil legislation, so POCA can be used even when a criminal conviction might not be possible.
|
|
Patients would have a heavier burden of proof if doctors could show that they followed "clinical guidelines" for the treatment of medical conditions.
|
|
"A lot of these cases are never prosecuted because law enforcement does not feel they can meet a burden of proof," she said.
|
|
Missions should be default-approved, with the burden of proof on the government to demonstrate why a particular initiative should not move forward.
|
|
The burden of proof is on prosecutors, and the government must turn over all its evidence to defendants, who have no reciprocal obligation.
|
|
It would also shift the burden of proof for determining whether a trade qualifies under Volcker away from the bank to the regulators.
|
|
Spitzer apologized to both the couple and their accusers, saying his office couldn't ensure a fair trial or meet the burden of proof.
|
|
"The burden of proof is on the Justice Department to establish that there is no political interference in their Antitrust Division," he added.
|
|
The judge, who repeatedly expressed dismay at the prosecutors' performance, reminded the jury that the burden of proof rested totally on the prosecution.
|
|
Education Department officials on the rule-making committee said they could not outline how a student would meet the new burden of proof.
|
|
"The burden of proof is on the Justice Department to establish that there is no political interference in their Antitrust Division," he said.
|
|
The case warranted rehearing, in part, because the panel relaxed Planned Parenthood's burden of proof and applied the wrong standard of review, he wrote.
|
|
In her decision, Brinkley concluded that Mill's lawyers had failed to meet the burden of proof necessary for her to grant a new trial.
|
|
Former President Barack Obama had enacted the requirement, which lowered the burden of proof and cut federal funding if schools weren't compliant, in 2011.
|
|
Mr. Coffman said he planned to introduce legislation this month that would shift the burden of proof about PTSD from veterans to the military.
|
|
The law, as it stands, puts the burden of proof on police officers to prove whether use of force was reasonable in the moment.
|
|
Most significantly, the orders will shift the burden of proof towards the accused, who will have to demonstrate that their assets were acquired legally.
|
|
Conversely, when a researcher is accused of political bias or malpractice, the burden of proof falls not on the researcher but on the accuser.
|
|
In Baltimore, as in the rest of the country, the burden of proof required to convict a police officer of criminality remains exceedingly high.
|
|
Until then, the burden of proof is on the veteran who must prove that his or her problems can be plausibly connected to service.
|
|
Last week's resilient finish was a step in that direction, though the longer the process drags on the higher the bulls' burden of proof.
|
|
In a criminal case, the burden of proof would be necessarily high, in order to make sure that an innocent man is not punished.
|
|
As BuzzFeed News notes, the burden of proof will be different there—with Musk needing to prove the veracity of his allegations against Unsworth.
|
|
In their initial appeal, defense lawyers asserted the lower court that tried the case had wrongly placed the burden of proof on the defendants.
|
|
Still, many state lawmakers have considered increasing the burden of proof police and prosecutors must overcome if they want to keep what they seize.
|
|
But the burden of proof is higher for smaller quarterbacks in the N.F.L., even as players like Baker Mayfield and Russell Wilson experience success.
|
|
Whether fairly or not, the burden of proof often seemed to lie with Ms. Hill in 19913, which outraged many who believed her account.
|
|
In the early 220006s, the Reagan administration, through sub-regulatory guidelines, changed the burden of proof for those already having qualified for disability benefits.
|
|
Fifth, the burden of proof often falls on the veteran, and missing or inaccurate records make proving their claim impossible, according to the report.
|
|
Of course, we are not in a criminal trial setting, so the normal prosecutorial burden of "proof beyond a reasonable doubt" does not apply.
|
|
Under the state's law, the State Supreme Court said, they had to file a new civil suit and meet a heightened burden of proof.
|
|
Failure to meet those September guidelines doesn't bar you from claiming the deduction, but the burden of proof is on you if you're audited.
|
|
But Trump faces a heavy burden of proof that he is not, as he has famously derided other politicians, "all talk and no action."
|
|
In addition to establishing a new burden of proof for student borrowers who feel defrauded, the department is relaxing financial accountability rules for institutions.
|
|
So when we're dealing with accusations of rampant criminality by nonwhite immigrants, the burden of proof should be on the people making these accusations.
|
|
The interim guidelines DeVos put in their place gives colleges the option to put a greater burden of proof on the accusers in such cases.
|
|
When you look at the burden of proof, somebody is coming into this from the majority, stating that they have fewer sins than somebody else.
|
|
Such funds may be set up to allow injured parties to receive compensation with a lower burden of proof than applicants would face in court.
|
|
Some states add an additional burden of proof by requiring the victim to show that she feared she would be physically (not just emotionally) harmed.
|
|
Maybe more could've been done, but I've heard very credible, very tough people say not really because of the burden of proof and the evidence.
|
|
This may be, in part, because hate crime laws are notoriously difficult to successfully charge, as the prosecution is subjected a higher burden of proof.
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"The burden of proof in a legislative procedure is to AFFIRM confirmation for a lifetime appointment to the highest court in the land," Kuster wrote.
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The burden of proof, however, is far heavier than either man anticipated, and this battle of the wits will leave you guessing until the end.
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Meeting the burden of proof to levy a hate crime law in court is difficult: you must prove the crime's motivation beyond a reasonable doubt.
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State courts established the current protocol, which calls for a pre-trial hearing before a judge and puts the burden of proof on the defendant.
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Manufacturers were required to provide the FDA with evidence supporting a product's efficacy, but the FDA bore the burden of proof if safety concerns existed.
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Charges against Reed, including assault and harassment, were dropped several months later when prosecutors said they could not meet their burden of proof at trial.
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That burden of proof now very much lies with Trump -- although, if past is prologue, he isn't likely to ever produce any actual proof. Regardless!
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After Afghanistan, Iraq, and Libya, the burden of proof is on anyone who would make the case for military action as a force for good.
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But this phenomenon nonetheless leaves the bulls with the burden of proof that the market advance is not narrowing in a typical late-cycle fashion.
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Van Susteren first took the national stage in 1994 as co-host of "Burden of Proof," a legal affairs show on CNN, with Roger Cossack.
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It also shifts the burden of proof to the Pentagon to show soldiers "knew or reasonably should have known" they were ineligible for the benefit.
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The burden of proof is pretty high on any enduring revival of traditional retail and consumer stocks beyond such a tactical reversal trade, of course.
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Changing the burden of proof to less than is needed in a murder trial should be the first item on the rules committee's agenda this summer.
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Up to now, prosecutors have been forced to show that wealth was illegally obtained, but the proposal will put the burden of proof on the suspect.
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"We believe the government has failed to meet their burden of proof and we've rested on that," Manafort defense attorney Kevin Downing told reporters outside court.
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And so this is a case where the burden of proof must be forgiven: The potential benefits of flossing are clear, and the risks are few.
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This is a lower burden of proof than in criminal cases, where the stakes – jail time and the attendant curtailing of one's liberties – are much higher.
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Because of the high burden of proof to determine actual malice, a lengthy review process will likely ensue and allow the deepfake to continue to spread.
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In the British judicial system, the burden of proof is on the defendant, so winning the case means she must show the flaws in his arguments.
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Generally, the burden of proof lies with the taxpayer, so the burden would be on the victim to prove a medical expense deduction should be allowed.
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The government's burden of proof goes out the window if a detainee isn't permitted to challenge the factual basis for his designation as an enemy combatant.
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"The burden of proof is so high when it's an officer-involved shooting of a black man — and that's why everybody is on edge," he said.
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They also recommended that the government put the burden of proof on the killers and suspend predator control programs that are not supported by good science.
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"We worry the burden of proof lies on management to inflect its North America, direct-to-consumer and footwear trends," Nomura Instinet analyst Simeon Siegel said.
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The FCC has traditionally employed a balancing test weighing potential public interest harms against any potential public interest benefits and applicants bear the burden of proof.
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"The burden of proof for these students is so absurdly unrealistic," said Representative Susie Lee, Democrat of Nevada, who sponsored the companion resolution in the House.
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For the accused, the level scrutiny in "he said, she said" moments is at an all-time high and the traditional burden of proof has shifted.
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This high burden of proof is out of step with civilian cases inside the United States and with both military and civilian systems in other countries.
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The House version of the 2017 NDAA contains important language that would bring the burden of proof for service members in line with standards for civilians.
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While the parade of allegations has led to Weinstein&aposs disgrace in public life, the burden of proof for a criminal court is a different matter.
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Victims' advocates argued that it followed an established legal principle: In civil cases, where criminal penalties aren't on the line, the burden of proof is lower.
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Various states, including Illinois and California, have reformed the asset-forfeiture process to require police agencies to meet a greater burden of proof before taking property.
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In Colorado, the seizure of firearms can be extended to 364 days, after which the burden of proof is on owners to have their firearms returned.
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"The Government has failed to meet its burden of proof to show that the merger is likely to result in a substantial lessening of competition," proclaimed Leon.
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Another Dear Colleague letter should restore the burden of proof to "clear and convincing," not preponderance of evidence (which is what the Obama administration lowered it to).
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The US Attorney's Office for the Southern District of New York said it would not bring criminal charges, citing "the high burden of proof," among other considerations.
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But the burden of proof is higher for criminal cases than under civil suits because in a criminal case the agency will have to prove intentional deception.
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Harford County Sheriff Jeffrey Gahler But the Sun reported a county judge rejected the request for a restraining order, saying the burden of proof hadn't been met.
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That has given rise to groups like FACE, who say using a lower burden of proof in campus rape cases violates accused students' rights to due process.
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To Hart's immense relief, the judge found that Radoycis hadn't met the burden of proof required to convict Hart of insurance fraud, and found him not guilty.
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Aegis Europe, an alliance of 30 European manufacturing industries, said the anti-dumping proposal crucially shifts the burden of proof, meaning EU producers must show such distortions.
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Just because he's found not guilty in a criminal case doesn't mean there can't be civil consequences, because of that lower threshold — that lower burden of proof.
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Democrats say Mr. Cornyn's measure, which will also be voted on Monday, sets such a high burden of proof that it renders useless the underlying gun restrictions.
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I'm a libertarian, and I've never disguised that, so my view is that the burden of proof should be on government to ask taxpayers for their money.
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Peter L. Arenella, an expert in criminal law, cast doubt on that possibility, noting that the burden of proof would be higher than in the civil trial.
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Most asylum seekers pass their "credible fear" interviews but are eventually denied asylum later in the process, when the burden of proof becomes higher and more specific.
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He said that the burden of proof for the nominee's accusers had not been met and that ample investigation had found no evidence to corroborate their claims.
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They also said they faced new challenges with the government's burden of proof in the case, due to a "classification determination" and other facts that were classified.
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Last year, the Florida Legislature shifted this burden of proof from the defense to prosecutors, making it easier for defendants to use the law to their benefit.
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Representative John Ratcliffe, Republican of Texas, told Mr. Mueller that he had "inverted burden of proof" by detailing the president's conduct without charging him with a crime.
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Representative John Ratcliffe, Republican of Texas, told Mr. Mueller that he had "inverted burden of proof" by detailing the president's conduct without charging him with a crime.
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Failure to meet the safe harbor doesn't mean you can't claim the deduction, but it does mean the burden of proof is on you if you're audited.
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As such the Senate — or rather its Republican majority —would decide issues such as the length of the trial, admissibility of evidence, and the burden of proof.
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Those in Assam whose names do not appear on the NRC have been told the burden of proof is on them to prove that they are citizens.
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If you live in Assam and your name does not appear on the NRC, the burden of proof is on you to prove that you're a citizen.
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Critics, including many in the European Parliament, said the new rules shifted the burden of proof from Chinese to EU producers, making it much harder to impose measures.
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In a "withholding only" proceeding, asylum wouldn't be on the table — only the lesser options, with the higher burden of proof and without the path to permanent status.
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"I must say that we have certain concerns concerning yesterday's constitutional court ruling concerning the illicit enrichment and the burden of proof concerning this illicit enrichment," he said.
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It seems that it's shifting the burden of proof from the anti-doping authorities to find cheating to the athletes who have to now prove they are clean.
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Two years later—before a different jury and facing a lower burden of proof—the families of Brown and Goldman won a wrongful-death civil suit against Simpson.
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Michael Potts, a lawyer at Byrne and Partners, said a DPA could not guarantee convictions of individuals because of a higher burden of proof demanded in criminal trials.
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Federal prosecutors "determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution," Bharara said in the statement.
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The European Commission, the U.S. State Department, thousands of magistrates and street protesters have criticized the government's attempts to weaken the judiciary and raise the burden of proof.
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More liberal judges, probably like Judge Merrick Garland, whom the Republicans would not even bring up for hearings, would make indecency and inhumanity bear the burden of proof.
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In England and Wales, where I work as a media law specialist, the burden of proof is on the claimant to establish the requirements of a defamation claim.
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The death penalty has rarely been used in Brunei and the burden of proof needed to secure a conviction for same-sex activities is very high, he added.
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The principle states that in the face of probable, irreversible and costly societal harm, the best action is to reduce your risks; deniers hold the burden of proof.
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In contrast, the harshest penalty a university can inflict in a Title IX hearing is expulsion, an outcome that does not demand such a stringent burden of proof.
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" On his way out of the courthouse, defense attorney Kevin Downing said that the defense rested its case because "the government has not met its burden of proof.
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The burden of proof is on the visa applicant to show that he or she has adequate health care coverage or the ability to meet foreseeable medical costs.
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Stahl questioned the Education Department's decision to rescind 2011 guidelines on campus sexual assault, now placing a greater burden of proof on the accusers rather than the accused.
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Legally, it's difficult to argue with the judgment: The burden of proof in criminal cases is rightly high and there were inconsistencies in the testimony of all three complainants.
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After Clark's death, state lawmakers also introduced a bill to increase the burden of proof cops have to present when they defend themselves from using deadly force on civilians.
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The wishful expectation expressed by many investors that rising yields are a trigger for a long-awaited shift from growth to value stocks faces a high burden of proof.
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When someone points this out, the Internal Justice Bureau steps in [and] says that the concerns do not meet the burden of proof required for them to take action.
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Though Justice Horkins was in a sense hamstrung by the high burden of proof required by criminal law in alleged rape cases, his 26-page judgment is still instructional.
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A change to the law last year switched the burden of proof from defense attorneys making a case for it to prosecutors having to disprove the self-defense claim.
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The burden of proof for jurors in a civil trial does not have to meet the same beyond-a-reasonable-doubt threshold as they would in a criminal case.
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This regime violates the most basic principles of due process, where the government—and not the individual—bears the burden of proof before depriving individuals of legally protected rights.
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Perhaps if the burden of proof fell more squarely on the laws' proponents, the outcomes of these cases might be more consistent—especially if circumstantial evidence weighed more heavily.
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This is why science nowadays often starts from the opposite end, assuming continuity between humans and animals, while shifting the burden of proof to those who insist on differences.
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This month, the Constitutional Court struck down most of alterations to criminal procedures that were challenged and which would have raised the burden of proof on all criminal investigations.
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Critics, which include many in the European Parliament, say the new rules shift the burden of proof from Chinese to EU producers, making it much harder to impose measures.
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Health care startups face regulatory hurdles, long sales cycles and a high burden of proof — and that means it can take more than a decade to make a return.
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And because the burden of proof for British libel cases lies with the accused, Lipstadt and her lawyers were tasked with proving that Irving had lied about the Holocaust.
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Florida's "stand your ground" law, perhaps the strongest in the country, grants immunity to the person acting in self-defense and puts the burden of proof on the state.
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It has placed caps on the number of people who can apply each day and raised the burden of proof that is required to pass a credible fear interview.
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The organization is financially supporting a lawsuit against the department over a letter issued in 2011 directing campuses to change the burden of proof in cases of sexual assault.
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"There's a very much higher standard at stake here," Philbin said, contending that the House managers "have failed at their burden of proof" for warranting Trump's removal from office.
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The court said in a statement Wednesday that the companies "failed to meet their burden of proof on their Alternative Significant Risk Level affirmative defense" and ruled against them.
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One of the more controversial guidelines lowered the burden of proof — it said schools should approach sexual misconduct complaints with the assumption that the complainant was telling the truth.
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It's not to say all money and all elite do-gooding are bad, but the burden of proof is on very powerful people to prove they're doing public good.
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The burden of proof rests on the government to show that such a move is necessary to prevent irreparable harm, and little Mr Flentje said seemed persuasive to the panel.
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This lowering of the burden of proof became a fiercely contested issue in June 2012, when Johnson appealed the University Court's finding of guilt to the commissioner of higher education.
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In addition to tossing religious freedom into the mix, Virginia's case also required a higher burden of proof, which gave the government its first chance to defend the executive order.
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Mueller is a former prosecutor, and prosecutors are most familiar with direct examination questions because that's what they base their cases on and how they meet their burden of proof.
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But the burden of proof for these allegations lies squarely on Trump because, well, everyone else in a position to know simply isn't saying the sort of things he is.
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But the burden of proof is surely on them to explain how the modern program of race science differs from the ones that have justified policies that inflicted great harm.
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In a 74-39 vote, the state's House of Representatives passed legislation that shifts the burden of proof from defendants to prosecutors when the law is invoked to avoid trial.
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"In Russia, burden of proof lies with the plaintiff in these cases, which means that a woman would have to prove to the court she was discriminated against," said Mikhailichenko.
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"I think the burden of proof is now on the Saudis to demonstrate that they were not participants in any way in harming, killing or kidnapping Mr. Khashoggi," said Sen.
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I understand the burden of proof is on the proponents of change, but Whac-A-Mole objections from closed-minded opponents ignore one critical fact: the system is badly broken.
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Another idea floated by Ms. Vestager, whose office is investigating Amazon and exploring cases against Facebook and Apple, would shift the burden of proof in cases involving large tech companies.
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To be clear, as a citizen, Conyers was certainly deserving of due process to defend himself against allegations of any kind and affix a burden of proof on his accusers.
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Property can be subjected to forfeiture based on a low evidentiary standard and, in a perversion of justice, the burden of proof falls on the property owner, not the government.
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"American citizenship is precious, and the government carries a heavy burden of proof when attempting to divest a naturalized citizen of his or her citizenship," she wrote on July 11.
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"It's up to Italy to bear the burden of proof that it's reducing its deficits and debt," Moscovici told the European affairs commission of the lower house of France's parliament.
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In their most recent legislative session, Florida lawmakers tweaked the Stand Your Ground law to shift the burden of proof in "Stand Your Ground" cases from defense attorneys to prosecutors.
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"His defense team got to address the jury, point out the shortcomings in the government's case and explain that the government has not met their burden of proof," Downing said.
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The music industry has seen a number of copyright infringement cases over the years, and the controversial inverse ratio rule has established a lower burden of proof for copyright infringement.
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The burden of proof in the military remains on the victim to demonstrate that the unfavorable personnel action would not have occurred if they had not reported the sexual assault.
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"The burden of proof remains on those making the case for higher yields, because those making the case for lower yields just have to point to two facts," he said.
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We have a tradition in the United States of setting a high bar for authorizing governmental interventions, with the burden of proof falling squarely on those advocating for the intervention.
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The SEC, which with its civil case faced a lower burden of proof, elected to move forward, though, and convinced U.S. District Judge Jed Rakoff to not toss the case.
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His lawyers are likely to argue in their closing remarks that Manafort did not willfully break any finance laws and that the prosecution has not met its burden of proof.
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The burden of proof would be shifted to prosecutors, and defendants would no longer have to present evidence, typically by taking the stand, to prove their claim of self-defense.
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On Monday, U.S. District Judge Richard Berman in Manhattan rejected Peters' bid to dismiss a related U.S. Securities and Exchange Commission civil lawsuit, where the burden of proof is lower.
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Under current law, it is up to prosecutors to show that a suspect's wealth was illegally obtained, but the proposal would have put the burden of proof on the suspect.
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Barring all that evidence would, as Dominic writes, "place a nearly unattainable burden of proof on the scientific community" and totally undermine the EPA's legal mandate to protect vulnerable people.
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But when popping off online is so easy, the burden of proof can get rather burdensome for those who'd rather espouse their off-the-wall theories and call it a day.
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Judges could dismiss a case if the Department of Homeland Security failed to meet its burden of proof, Sessions wrote, or if specific conditions spelled out in existing regulations were met.
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How the Guyger case might make officers think twice Jurors and the public often give police officers the benefit of the doubt, and there is often a high burden of proof.
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Despite pundit assertions that Hillary Clinton had the burden of proof in this debate, the truth is that she simply needed to hold strong and let Hurricane Trump blow itself out.
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The inverted burden of proof knowingly embedded in the SCO's conclusion shows that the Special Counsel and his staff failed in their duty to act as prosecutors and only as prosecutors.
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It's fair to wonder, however, if the high burden of proof in a defamation case might mean companies might resort to "easier" methods of revealing a person's identity for legal recourse.
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Florida legislators are weighing whether to shift the burden of proof in stand-your-ground cases from the defendant to the prosecutor, which would make such matters more difficult to prosecute.
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Someone who has never created a job, never met a payroll, and never built anything must bear a heavy burden of proof to convince citizens that she should run the economy.
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In the United States, asylum seekers literally carry the "burden of proof" when it comes to showing that they are in danger of persecution if they return to their home countries.
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The burden of proof needed for the unit to discipline players involved in suspicious matches has rarely been met, although Friday's report included summaries on three previously announced cases against players.
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That seems to be the lesson of a recently dismissed federal case, which raises the burden of proof that copyright owner must meet in order to hold you accountable for infringement.
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In a Senate Judiciary Committee hearing, the burden of proof is not about punishment but about evaluating qualifications and also apprising potential harm if a bad person is made a judge.
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We also reversed the burden of proof: Those who want to harm marine mammals — directly or incidentally — must demonstrate that their actions won't put the survival of the species at risk.
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Mr. Manafort and his team let the case go to the jury because they "do not believe that the government has met its burden of proof," said the lead defense lawyer.
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"Finally, we believe strongly that hate crimes should be prosecuted vigorously but the burden of proof should not be artificially increased due to the misguided decisions of others," the statement said.
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In a statement on the agreement, Joan Vollero, a spokeswoman for Mr. Vance, said prosecutors "are confident that, had his case proceeded to trial, we would have met our burden of proof."
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Washington (CNN)The Trump administration, which has disdained truth and consciously snubbed its allies, is now facing a tough burden of proof and history as it barrels toward a confrontation with Iran.
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"I would argue that the burden of proof is rather on those that would say that the picture is completely different in the United States or the UK or elsewhere," he said.
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Genece Brinkley, the judge who the 31-year-old rapper recently requested be removed from the case , cited Mill failed to meet his burden of proof in the opinion published Monday night.
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If anything, the heavy burden of proof the special counsel was labouring under made his investigation look like a distraction from the more salient political questions surrounding Mr Trump's dealings with Russia.
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That burden of proof, Lockwood says, is a symptom of how our culture assumes victims — women — might actually enjoy sexual harassment and the implicit trade of sexual favors for perks and benefits.
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By going on the offensive, there's a chance to shift the burden of proof onto the accuser, and because that proof would require knowing someone's true intent, it almost always fall short.
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"How individuals will prove such a (bona fide) relationship, and whether the burden of proof will be on the government or the individuals seeking entry, remains to be seen," Yale-Loehr agreed.
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Lawyers also argued the majority judges had erred in shifting the burden of proof to the defence to show that it would have been impossible for Pell to have committed the offences.
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Third parties — judges, juries, the public — simply cannot know the truth without facts that are evaluated by reasonable standards, such as placing the burden of proof on the person making an accusation.
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Under its criteria, Fitch requires a high burden of proof to notch senior debt up or down a bank's Issuer Default Rating (IDR) based on recovery prospects, particularly at high rating levels.
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Addington, however, also held that the government must prove by "clear and convincing" evidence that such confinement is justified — a much higher burden of proof than courts typically apply in civil cases.
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True, the burden of proof is on him to make a case for this "exciting" scientific revolution (whose discoveries just happen to regurgitate some of humanity's most pernicious, wearying and stubborn stereotypes).
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Instead, she said individuals would be assigned a case worker who would decide on nationality, and the burden of proof has been shifted so the government would take a more lenient approach.
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The pro-Kavanaugh side typically defends traditional western jurisprudence by which an accused is accorded due process protections, such as the presumption of innocence; the burden of proof is on the accuser.
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The punishment is considered less severe than what would be doled out in a military trial, but the burden of proof for establishing guilt in these administrative hearings is also far lower.
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Under the new version of the law, however, the burden of proof falls on prosecutors to convince a judge that the defendant did not feel threatened to move forward with the case.
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The commissioner therefore vacated the University Court's finding of guilt, according to the report, and remanded the case back to the University of Montana to be readjudicated with the higher burden of proof.
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But Ball says that's because coffee lovers are physiologically dependent on caffeine—and he would like to inform you that physiological dependency is not the singular burden of proof when talking about addiction.
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Florida lawmakers flipped the burden of proof in such cases last year, requiring the state to prove that a "stand your ground" defense does not apply before someone invoking it can be tried.
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The jury has to take the time to carefully decide whether prosecutors met the burden of proof for each and every charge, then fill out a complicated eight-page form explaining their decision.
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They found that the bill raised the burden of proof for the DEA, making it more difficult for the agency to stop high quantities of pain pills from entering pharmacies across the country.
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As originally drafted, the rules created a "reverse burden of proof" that would have required executives to prove that they took all reasonable steps to prevent a violation, otherwise they could be punished.
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Blankenship's appeal rests on numerous claims, including that the jurors weren't instructed properly regarding the burden of proof and prosecutors should have identified the specific laws he was accused of conspiring to break.
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It would be appropriate for democracies to consider less permissive rules for them — for example, by requiring a higher burden of proof from non-democracies when they file a trade complaint against democracies.
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"The burden of proof is shifting and if inflation has gone nowhere a year from now it will be hard for the doves to say we need more of the same," Schumacher said.
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After announcing his decision to drop the charges, Spitzer apologized to the alleged victims and said he will meet with them to explain why the evidence did not meet their burden of proof.
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It would have required a higher burden of proof for stopping and searching vehicles; ordered counseling and training for officers who racially profile drivers; and banned arrests over offenses punishable by a fine.
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It said the EU should stick to its five market economy criteria, chiefly that state influence is reduced, and with the burden of proof on China to show it merited a new approach.
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Tony (Oklahoma): How does the burden of proof in an impeachment trial compare to that of both a criminal trial and a civil trial, and is hearsay testimony allowed in an impeachment trial?
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Again, it is extremely difficult, if not impossible, to get the kind of evidence that would guarantee complete safety on these products, so the burden of proof is on regulators instead of manufacturers.
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Banks want the burden of proof to shift to regulators, so that all trades will be allowed unless regulators identify an issue while supervising the banks, five people familiar with the discussions said.
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"It's fairly easy to meet the burden of proof requirements to send the case to trial," former Montgomery County sex crimes prosecutor Rich DeSipio, who is now a Philadelphia criminal defense attorney, tells PEOPLE.
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Recent moves by Attorney General Jeff Sessions have only set the bar higher for immigrants to justify their asylum claim, placing the burden of proof and legal argument even more squarely on their shoulders.
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McCaskill pushed back against the notion that her bill would open the VA up to more claims, saying the burden of proof would only be flipped for those who have already filed a claim.
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Further complicating matters, the FARA Unit is unable file subpoenas by itself and has to go through a judge, which requires a high burden of proof, in order to compel the release of documents.
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The NDAA would put the burden on the Pentagon to prove soldiers knowingly received bonuses they weren't entitled to, instead of putting the burden of proof on the soldiers as the Pentagon does now.
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For contrast, there are other songs that barely use drums and enfold electric guitar with strings: chamber-pop tracks like "Nesting Behavior" and "Burden of Proof" that move slowly and tensely, like bitter lullabies.
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A preponderance of evidence is typically the standard used in civil lawsuits, and is used as the burden of proof on most college campuses when determining if somebody is "responsible" for a sexual assault.
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The increased burden of proof — the proposal authors hope — would nudge labs into adopting other practices science reformers have been calling for, such as data sharing and thinking more long-term about their work.
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"The burden of proof is on Facebook's end to be able to illustrate to people that they are providing a longer-form video experience," Amanda Grant, GroupM's United States head of paid social, said.
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The notion that Susan Collins [the senator from Maine] spread about the burden of proof, innocent until proven guilty and applying it to a Judiciary Committee proceeding, a political proceeding, compromised our legal standards.
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However, the burden of proof shifts, leaving it up to the authorities to prove the property was obtained with illicit funds instead of to the person being investigated to prove the funds are legitimate.
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It's natural to place this sort of accusation within a criminal-justice framework: the burden of proof beyond a reasonable doubt; the presumption of innocence; the right to confront and respond to an accuser.
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The Justice Department has two primary methods for pursuing such cases, which require a lower burden of proof than criminal cases: the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act.
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She will advocate amending the law in order to take the burden of proof off defendants who have to demonstrate in pretrial hearings that they acted in self-defense and deserve immunity from trial.
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Scott Turow has set his latest novel, "Testimony," against this background, swapping the American courtrooms of previous books like "Presumed Innocent" and "The Burden of Proof" for the International Criminal Court in the Netherlands.
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Thirty-five states and the federal government put the burden of proof in forfeiture proceedings on the property owner, denying American citizens their constitutionally-guaranteed rights to due process and the presumption of innocence.
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For a rough guide to legal due process, think about safeguards of the sort found in the Bill of Rights: confrontation of accusers, a burden of proof, an impartial decision-maker, and so forth.
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"The burden of proof is on Mr. Dotcom to either prove he has evidence or face the consequences of damaging Seth's good name and creating more emotional hardship on a grieving family," a spokesperson said.
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Deputy Secretary of State Antony Blinken told journalists that China had reversed the burden of proof put forward under U.N. Security Council resolution 2270 adopted in March in response to a North Korean nuclear test.
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This week, Howell will decide whether to pursue a probable cause hearing for the murder charges, a sort of mini-trial where the state must meet a low burden of proof in order to proceed.
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If the source of the problem is men who are trolling the tournament and organization, it's unfair to put the burden of proof on women who are qualified and should be welcome in the event.
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Raising the burden of proof required for the government to take someone's property, increasing transparency and removing the financial incentives of the seizing agencies are various ways states have sought to increase private property protections.
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"This bill is trying to put the burden of proof where it belongs, on the state, because all people are innocent before being proven guilty," said the Republican sponsor of the bill, Representative Bobby Payne.
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So why cast doubt on rape victims, when the burden of proof is the same, and the odds of painting a target on your back for ridicule and abuse if you speak up far greater?
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"The burden of proof is on Saudi Arabia to produce evidence for its claim that Khashoggi left the consulate alone, and that Saudi agents have not detained him," said Middle East director Sarah Leah Whitson.
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Cory Booker, meanwhile, reintroduced a bill on Tuesday that would upend the current system of mandatory detention, and put the burden of proof on the government when it comes to detaining and removing undocumented immigrants.
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Judges determined that the evidence prosecutors presented was not sufficient to satisfy the burden of proof necessary to link the defendants to post-election violence, so the defense did not need to make a case.
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The IOC has advised the IFs to reverse their typical presumption-of-innocence approach to anti-doping records, and will have to subject athletes to a higher burden of proof before permitting them to compete.
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The measure would shift the burden of proof from defendants to prosecutors, who would have to show "beyond a reasonable doubt" at a pretrial hearing that a defendant's claim of self-defense was not valid.
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Despite eight years of training, the authorities still often rely on a single confession obtained through torture, and some officials have condemned the higher burden of proof, especially when suspects are released because of it.
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Judge Melody Wilkinson of the 17th District Court of Texas said the parents of Payton Summons did not meet the burden of proof for injunctive relief, according to Justin Moore, a lawyer for Payton's family.
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The government, with unlimited resources to prosecute such cases, needs to meet only a civil burden of proof (preponderance of the evidence in many states) if the owner challenges the forfeiture, and most do not.
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Before the jury began their deliberation, Sandy and Perez's attorneys had asked the judge to dismiss all charges, as often happens at criminal trials, arguing that the prosecutors failed to meet their burden of proof.
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There's also "withholding of removal," where asylum seekers face a higher burden of proof to provide evidence that they will be persecuted if they return to the country they left, but have fewer restrictions on eligibility.
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The burden of proof lies with a victim to make his or her case beyond a reasonable doubt — which means, in the absence of physical evidence, all Horkins had to go on were the complainants' memories.
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So, Judge Richard Leon, kind of an old-school guy, hard-line judge, he ruled against the DOJ because he said they did not meet the burden of proof, which was their responsibility in this case.
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"The burden of proof is on the government, and the consensus view is that it would be an uphill battle for the government," said Paul Glenchur, a senior telecommunications and cable analyst for Hedgeye Potomac Research.
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The law does mean, however, that prosecutors may have to disprove a "stand your ground" defense, following revisions to the Florida statute last year that put the burden of proof on prosecutors instead of the defense.
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But when the sums involved are in the trillions of dollars, the neighbourhood is fraught with tension and the reforms require the tearing up of a social contract to succeed, the burden of proof is high.
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The PSD raised the burden of proof in corruption cases, reorganised panels of judges and set up a special unit to investigate magistrates for potential abuses, a move widely seen as an instrument of political coercion.
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During its rule, the PSD raised the burden of proof in graft cases, reorganized judges panels and set up a special unit to investigate magistrates for potential abuses, widely seen as an instrument of political coercion.
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And so in a way, the burden of proof has shifted: It falls much more heavily on us to justify not what we do but what it costs and how much we can charge for it.
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A competent, knowledgeable and impartial jurist reviewed the forensic facts of the case and determined that the prosecution had far from met their burden of proof necessary to convict the officers of any of the charges.
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"As per the change in regulations in 2015, the burden of proof in terms of compliance switched from the travel company to the individual," said Eddie Lubbers, the founder and chief executive of Cuba Travel Network.
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Civil asset forfeiture is seen as an important tool in combatting drug cartels and other criminal conspiracies because its much lower burden of proof allows police to seize property even when they cannot gain criminal convictions.
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I think what people must know about American justice is that the way the system is set up, you have to have a certain burden of proof and if it's not met, then it's not met.
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The case was heard in a London court, where the burden of proof in libel cases lies with the defendant, and Lipstadt, played by Rachel Weisz, was called on to prove that the Holocaust actually happened.
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This program allows state and local enforcement agencies working in conjunction with federal agencies to seize property and subject it to forfeiture under federal law, under which the burden of proof falls on the property owner.
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In contrast to the high burden of proof in criminal court where evidence must prove a fact beyond a reasonable doubt, most civil courts like the CICB apply a lower standard called the balance of probabilities.
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"The burden of proof that they are effective rises with every misstep on the social or political spectrum," said Rob Norman, the chief digital officer of GroupM, the media-buying arm of the ad giant WPP.
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An interim final rule would have lowered the burden of proof for farmers who sue companies over violations of the Packers and Stockyards Act, clarifying that they don't need to prove conduct harmed competition industry-wide.
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If Congress tweaks the burden of proof in impeachment cases, a future president contemplating an investigation of a rival would think instead about hiring someone with bi-partisan credibility and impeccable ethics to lead the charge.
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Among some of his other controversial writings, Bounds also argued that the "burden of proof" needed to be higher in sexual assault cases — and noted that expelling an alleged rapist would not be beneficial to victims.
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The conflict will likely make its way to the state Supreme Court, especially considering the state's highest court had already ruled that defendants should have the burden of proof in Stand Your Ground cases in 2015.
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Instead of letting the DEA take immediate action against companies, the new law — through the higher burden of proof and requirement for "corrective action" plans — forces a slower process that gives companies a greater chance to respond.
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"Under U.S. immigration law [Section 291 of the INA [8 USC 1361] applicants for admission bear the burden of proof to establish that they are clearly eligible to enter the United States," the statement read in part.
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Senate Bill 275 drastically shifts the burden of proof from defendant to plaintiff in employment and other discrimination cases, Gerald Early, chair of African and African American Studies at Washington University in St. Louis, wrote last week.
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Ashley Darby's husband was facing a restraining order on top of criminal charges for sexual assault, but for now it's been denied because the cameraman couldn't meet the required burden of proof ... according to new legal docs.
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"I must say that we have certain concerns concerning yesterday's constitutional court ruling concerning the illicit enrichment and the burden of proof concerning this illicit enrichment," he said in a speech at the University of Taras Shevchenko.
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Under Virginia law, the intent to intimidate could be inferred from the act of cross-burning itself, and the burden of proof was on the defense to show that the intent of the act was purely expressive.
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Comey's congressional testimony, coupled with Clapper's assertions -- and the fact that not a single person in a position to know said the wiretap was even a possibility -- made clear that the burden of proof was on Trump.
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John C. Coffee Jr., a professor and the director of the Center on Corporate Governance at Columbia Law School, said that "the burden of proof lies with the plaintiff," in this case, the ousted trustees and Viacom.
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The burden of proof for asylum eligibility is the same as it is for refugee eligibility — a well-founded fear of persecution on account of race, religion, political opinion, nationality, or membership in a particular social group.
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The circuit court also rejected Blankenship's arguments that his indictment was incomplete, he was improperly prohibited from cross-examining a witness a second time and and the jury's instructions lowered the government's burden of proof too much.
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Mr. Manafort is letting the case go to the jury because he and his lawyers "do not believe that the government has met its burden of proof," said Kevin Downing, the lead defense lawyer in the case.
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Indeed, the imbalance of power between government and citizen — and the tendency of government to cheat when money is concerned — both suggest the government, not the citizen, should bear the burden of proof in cases like this.
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The Senate is not bound by any particular burden of proof, but it seems that some lesser but still convincing showing -- some have suggested a "preponderance of evidence," meaning "more likely than not" -- should tank Kavanaugh's confirmation.
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The NFIB has also supported reforms at the federal level that increase the evidentiary standard to clear and convincing, the highest standard in civil court, and shift the burden of proof to the government, where it belongs.
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In addition to raising the legal burden of proof for cities to deny new housing projects, the bill makes the suits more expensive to defend by requiring cities that lose to pay the other side's lawyers' fees.
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However, to seize and ultimately keep items related to the crime—such as cars, cash, and jewelry—the burden of proof is only a preponderance of evidence: in normal parlance, "more likely than not", or 51 percent.
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Finally, given that the jurors asked the judge to define "reasonable doubt" on Thursday, August 16, it is likely that they are deliberating — as all juries should — on whether the prosecutors have met their burden of proof.
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Ever eager to please, Vice President Mike Pence appeared at the President's shoulder, explaining that it was "inconceivable" that such people were not in the column, placing the burden of proof on those who doubt the claim.
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More resources to monitor banks would be welcomed by Viesturs Burkans, who has been in charge of the Latvian agency fighting money laundering for two decades - as would lowering the burden of proof needed to prosecute suspects.
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Luke's team and Sony have both stated repeatedly that she never reported any assault when it occurred, which of course means little: So much sexual assault goes unreported and it forces the burden of proof on the victim.
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After reading both papers, both supplementary information sections, the counter-rebuttal, a lot of news articles and tweetstorms (from other energy folks I trust), I find myself thinking that the burden of proof is still in Jacobson's court.
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The burden of proof that this is a good move and that the Pixel Slate's Bluetooth stack is up to the task is very much on Google, and the included headphone dongle doesn't lessen that burden at all.
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Tata legal advisers say the burden of proof is on Mistry, who will need to prove his assertions that decisions taken by Tata Sons were not in the interest of all shareholders, and it mismanaged group companies' affairs.
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If the injured protester chose to bring a lawsuit, the bill would have put the burden of proof on the injured person, not the driver, to prove that the driver's actions were intended to cause injury or death.
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"We see question marks around why ABB should remain as one unit, and we think the burden of proof lies on the company to show why it should remain," said John Hernander, portfolio manager at Nordea Asset Management.
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With the burden of proof on Democrats, the president's allies on Capitol Hill have a far easier job for now: to distract from and sow doubt about the strength of the evidence to ensure Republicans do not defect.
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A representative for Eileen M. Decker, the United States attorney in Los Angeles, offered no explanation for dropping the case except to say that the office had decided it could not meet its burden of proof at trial.
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" Even as integrated colleges became more accessible, he said, "these students no longer want the kind of environment that places the burden of proof on them to demonstrate that they're not there to meet someone's affirmative action quota.
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It shifts the burden of proof squarely to the government, and requires that prosecutors make their case by "clear and convincing evidence," a much higher bar than the preponderance standard, which mirrors state forfeiture reforms throughout the country.
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To bring felony criminal charges, however, the DOJ must not only prove that someone acted as a foreign agent without registering but that they knew about having to register and didn't — a high burden of proof to meet.
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He has also voted against funding for gun research (though he has since reversed his position), for increasing the burden of proof to prosecute lawbreaking gun dealers, and for allowing firearms on Amtrak trains and in national parks.
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In practice, this would mean that, in exchange for providing noncash benefits, the burden of proof would be on a worker to demonstrate that a job provider was exercising a level of control sufficient to warrant employee status.
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Right now, Florida, along with most of the 22 states with similar self-defense laws, places a lower burden of proof on the defendant at the pretrial hearing — a preponderance of the evidence, not beyond a reasonable doubt.
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If the target of the attack is disliked by the establishment media, he or she will be required to supply the burden of proof against the charges that, as the Post has found, cannot be proved or disproved.
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It's a civil case with a relatively light burden of proof, but it's also, most likely, just the beginning of the VW's legal troubles in the US. Criminal prosecutions, with the serious possibility of prison sentences, may well follow.
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For its disciplinary proceeding, the university relied on "a preponderance of evidence" as the burden of proof, which meant the individuals deciding Johnson's fate only had to be 51 percent certain of his guilt in order to expel him.
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Since the 2013 Supreme Court decision, civil rights groups and the federal government have had to file suit against potentially discriminatory voter laws after the fact, and the burden of proof is now upon them to demonstrate discriminatory impact.
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While this market advance is sturdier and more energetic than the other bounces since last summer, the bulls face a fairly stiff burden of proof as stocks approach a point that has previously served as a decent selling opportunity.
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In a motion on Thursday, lawyers for TransUnion said the consumers failed to meet their burden of proof to show that TransUnion willfully violated the U.S. Fair Credit Reporting Act (FCRA) by not assuring the accuracy of its reports.
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A majority of the Court found this unconstitutional, essentially holding that to be consistent with the First Amendment the burden of proof had to be on the state to show that a cross-burning was intended to be threatening.
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They satisfy public safety needs to investigate and stop suspected crimes, but this is followed by an opportunity for a trial with a higher burden of proof and a meaningful chance to confront and respond to the state's evidence.
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In March, a US appeals court in Washington denied the tribes' request for an emergency order that would have blocked the pipeline from being used, saying the plaintiffs had not met their "heavy burden" of proof for an injunction.
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In California, the burden of proof is on employers to show that workers should not receive overtime pay, which they can do by demonstrating that more than half of a manager's job consisted of managerial responsibilities, labor lawyers said.
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Pell's lawyers said in his leave to appeal to the High Court that the Court of Appeal's majority, in believing his accuser, had incorrectly shifted the burden of proof to the defense to show that the offences were impossible.
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"Such measures shift the burden of proof from the authorities to the asylum seeker and accelerate the procedure, leaving very little time for LGBTI asylum seekers to come forth with the real motive of their flight," the report states.
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Between the lines: The proposal pushes aside guidance issued by the Obama administration in 2011 that lowered the burden of proof for accusers and put a time limit on the accused to issue a response to allegations, reports the Washington Post.
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"(This) implies a bias to needing a little more confirmation at each stage that the supply side is evolving as we have forecast – a somewhat higher burden of proof that I hope will diminish as we learn more," he added.
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DeVos withdrew Obama's "Dear Colleague" letter and released interim guidance, eliminating the department's requirement that schools investigate sexual misconduct claims based on a "preponderance of evidence" standard, giving schools the option to put a higher burden of proof on survivors.
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"We are in favor of a reversal in the burden of proof to the effect that in the future, banks will have to demonstrate to the satisfaction of their supervisors that they don't pose a systemic risk," von Weizsaecker told Reuters.
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Like many others, the case was prosecuted under a statute called the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), which allows for a lower burden of proof and a ten year statute of limitations in cases of financial misconduct.
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Trump's defense lawyers reiterated their view that the House impeachment managers did not meet their burden of proof — and that Trump's impeachment was an effort to overturn the results of the 2016 election and to interfere in the 2020 campaign.
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The reason is that the burden of proof in a criminal case, "beyond a reasonable doubt," is much higher than the "preponderance of the evidence" standard applied when the court fight is about money damages rather than punishment or jail.
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The subpoenas raise the prospect that the investigation (which is in its early stages) could lead to criminal charges, but prosecutors could also still handle the investigation as a civil fraud matter, which would require a lower burden of proof.
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Some have suggested changes that would make it easier to challenge forfeitures such as assuming owners are innocent until proven otherwise, or requiring police meet a higher burden of proof such as clear and convincing evidence, both of which I support.
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The Washington Post's editorial page editor said Sunday that the "burden of proof is on Saudi Arabia" to prove what happened to Post columnist Jamal Khashoggi, who was last seen nearly two weeks ago entering the Saudi consulate in Istanbul.
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If they want to make claims about police being part of the community, or claims that race trumps the badge & gun when it comes to police, they must accept that the burden of proof for such a claim is on them.
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But the burden of proof in a sexual assault case is far lower on campus than it would be elsewhere, requiring only a "preponderance of evidence" to decide guilt — or "50 percent plus a feather," as Ms. Ziegler memorably puts it.
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"It's simply asking for a more fair appeals process, so it's shifting the burden of proof in favor of the vet if they have PTSD or TBI and that diagnosis materially contributed to the circumstances of their discharge," he said.
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Amy Klobuchar, the top Democrat on the subcommittee, introduced a bill Tuesday that would prohibit "exclusionary conduct" that risks harming competition and shift the burden of proof in merger proposals onto dominant companies to show their deals would not be anticompetitive.
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By alleging a violation of the New York City Human Rights Law, Carlson no longer needs to show that she suffered any material harm (a burden of proof that Catherine Herridge failed to meet in her 2010 suit against Fox).
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Where such a point of order is raised against a provision in a general appropriation bill, the burden of proof is on the Appropriations Committee to show that the language is valid under applicable precedents and does not change existing law.
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The case could test an argument that many immigration lawyers and sanctuary cities have made: that detainers may violate the Fourth Amendment because they do not carry the same burden of proof as, say, an arrest warrant signed by a judge.
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"The burden of proof is on Saudi Arabia to produce evidence for its claim that Khashoggi left the consulate alone, and that Saudi agents have not detained him," said Sarah Leah Whitson, Middle East director at the New York-based group.
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Basically, if you are appointed a fiduciary to help you with your money, a VA bureaucrat takes your gun rights away and the burden of proof is on the veteran to get his or her right to possess a firearm back.
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But the state case failed in October 2015 because state law requires a higher burden of proof than federal law to show discrimination, and because by the time it went to trial, Mr. Zarda had died, Mr. Antollino said. video
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"NYU is and always has been a careful, conscientious steward of the retirement plans for its employees and retirees, and the plaintiffs failed to meet their burden of proof to suggest otherwise," NYU spokesman John Beckman said in a statement.
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While the Keillor, Schwartz, and Lizza investigations may not have been up to the standards of a criminal court, they also didn't carry the same type of consequences as a criminal court, and as such they required a lower burden of proof.
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Larry Solan of Brooklyn Law School reckons that this and other baffling instructions misled the jury into thinking that the burden of proof was on Sheppard to prove himself innocent, not on the state to prove him guilty beyond a reasonable doubt.
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Writing for the for majority, Chief Justice William Rehnquist opined that although competent individuals have the right to refuse treatment for themselves, the burden of proof is much higher if someone else is seeking to make a life-altering decision for them.
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Georgia is among 13 states that have adopted food libel laws, which generally have a lower legal burden of proof compared with traditional libel laws and make it easier for food companies to sue people who make disparaging remarks about their products.
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Section 7 of the Clayton Act could be rewritten to shift the burden of proof away from plaintiffs and require the merging parties to show that the proposed acquisition would not lessen competition, produce a monopoly (or monopsony), or reinforce market power.
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Given this, the burden of proof falls upon China to dispel the argument that Schellenberg's fate is tied to that of whether Meng is extradited to America to face trial -- with the guilt or severity of the crime only a secondary consideration.
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The burden of proof now falls on those who favor a large military role, and they must justify not only the purposes they seek but also the perils that outsize power poses when the vicious and the reckless get to swing the sword.
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While there is more to their legal answer, AT&T lastly argues the government has to prove that the two merging companies have sufficient market power in their respective markets to cause antitrust concerns — and it has not met this burden of proof.
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Professor Kwoka suggests that when a given industry is already fairly concentrated, any future merger should be presumed to be anticompetitive, taking the burden of proof off the regulator's shoulders and putting the onus on the merging companies to prove it is not.
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Under that law, McCready would not only have to show the House Administration Committee that fraud or voting irregularities occurred in the election, but that he would have otherwise won — a high burden of proof that few candidates have been able to meet.
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She makes stark observations—"Everything you touch turns to gold / Everything I touch turns away," on "Burden Of Proof"—but her writing is more than a third-party examination, it's her way of looking for how she fits into the world she's surveying.
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Education Secretary Betsy DeVos announced Friday morning that she is rescinding the Obama administration's guidelines for how universities should respond to allegations of campus sexual assault, giving colleges the option to put a greater burden of proof on the accusers in such cases.
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"Somebody would have to make the case that we are an office — and I think that's a pretty heavy burden of proof," said Preston Pesek, 39, a co-founder and the chief executive of Spacious, who previously worked in commercial real estate investing.
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The bar for asylum claims has risen under the current administration, which has heightened the burden of proof in "credible fear" interviews and eliminated certain categories of vulnerability, such as those that apply to victims of domestic and gang violence, from eligibility.
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One of the few Trump-era denaturalization cases that has received substantial press attention, that of Norma Borgoño, a 64-year-old secretary and grandmother who was naturalized in 2007, is also facing civil counts, with the same lower burden of proof.
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In examining these factors, scientists are deeply skeptical: We start with the assumption that each condition arose by chance, and then require a very heavy burden of proof to reject that assumption (analogous to the "beyond a reasonable doubt" standard in criminal cases).
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That shield was denied her in 2011, when a judge in a pretrial hearing rejected her attempt to use the law, saying she did not meet the burden of proof because there was a "factual dispute" on her Stand Your Ground defense.
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A federal court requires proof only by a preponderance of the evidence, making it even less likely that the administrative process will be used in a contested matter: No litigant wants a more difficult burden of proof when a lighter one is available.
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While the burden of proof always falls to prosecutors to prove someone guilty beyond a reasonable doubt, nowhere else in the American criminal justice system do prosecutors have to prove that the accused did not feel threatened before a case can move forward.
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There is also a different burden of proof: It will be up to Musk to prove the allegations he made against Unsworth are true, while the British diving specialist will only need to show that the Tesla CEO caused serious harm to his reputation.
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Mixed-motive suits can shift the burden of proof from the plaintiff to the defendant, who would need to show that the company would have taken the same action against the employee even if bigotry did not weigh into the company's decision-making at all.
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While he has demanded the theories be proven false, the concept is what's known as a logical fallacy -- shifting the burden of proof onto those arguing something is untrue because it has no credible evidence, rather than having to provide credible evidence for the theory.
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An investigation by the Pittsburgh Tribune-Review found that the Justice Department often declined to investigate further due to a lack of evidence, or a lack of criminal intent by the officer — the burden of proof required by a Supreme Court ruling in 1945.
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That is because, at the trial, the accused is armed with all the Constitution's due process guarantees — the right to counsel, to confront witnesses, to call witnesses and present a defense, the presumption of innocence and the high burden of proof imposed on the prosecutor.
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It replaces the notice and comment provisions of the APA with detailed requirements imposing a very high burden of proof on agencies that enact rules, including burdensome fact-finding and cost-benefit analyses even for rules that do not aim to correct market failures.
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No matter how many times a judge reminds a jury that under American law adefendant does not have to testify and does not have to put up a defense (because the burden of proof is all on the prosecution), it's hard for laypeople — i.e.
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"Under the law, the burden of proof is on an applicant, petitioner, or requestor to establish eligibility -- not the other way around," said USCIS spokesperson Michael Bars, who emphasized the policy is part of a move to cut down on abuse and "frivolous" applications.
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" What makes school shootings almost as interesting as they are atrocious is that they place an insupportable burden of proof on people whose knee-jerk response to any social calamity is to say, "This stuff has always gone on, we just didn't hear about it.
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The challenge is that a one-time trading event involving questionable conduct during an evening of revelry that took place six years ago may be much more difficult to prove in a criminal case, which carries a higher burden of proof than the S.E.C. action.
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"By listing the 10 factual situations and not reaching a conclusion about the merits of the case, you unfairly shifted the burden of proof to the president, forcing him to prove his innocence while denying him a legal forum to do so," Buck said.
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"The verdict itself was based on a nuisance claim, not health or other contamination-related items, the latter of which require a much higher burden of proof," said Everley, pointing to a 2012 EPA investigation of the Dimock case that found no health concerns.
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Beyond that, the bill, which has not yet been approved by Congress, flips the very premise of modern justice on its head: Rather than innocent before proved guilty, it would require concrete evidence of reasonable doubt, essentially shifting the burden of proof to the accused.
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As the trial reached its end -- with Manafort's defense team deciding not to call any witnesses and arguing that prosecutors hadn't met their burden of proof -- Trump and his lawyer, Rudy Giuliani, watched, continuing to question the credibility of the special counsel's investigation from afar.
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It is essentially the same as the threshold for civil cases of sexual assault in California courts, with the same burden of proof (a "preponderance of the evidence" rather than "beyond a reasonable doubt") and a similar supermajority of jurors to hold an individual responsible.
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It also said the trial judge erred in instructing jurors that prosecutors needed to show that Ng intended to influence an "official act," but the error was harmless because the burden of proof was actually lower, and a properly instructed jury would "certainly" have found Ng guilty.
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Watch the VICE News documentary Institutionalized: Mental Health Behind Bars: "The federal criminal justice system is still in the terrible state of placing the burden of proof on the defendant in many instances to prove his innocence, as opposed to the prosecution proving his guilt," Smith said.
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Menendez trial by the numbers "Stream of benefits" After the prosecution rested its case, defense attorney Abbe Lowell urged Judge William Walls to dismiss the case and enter a judgment of acquittal Wednesday based on a failure of the Justice Department to meet its burden of proof.
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The lawyer said the lower court had wrongly placed the burden of proof on the defendants and prosecutors had failed to prove the reporters gathered and collected secret information, sent information to an enemy of Myanmar or that they had an intention to harm national security.
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In effect, voting rights advocates worried, the Supreme Court had shifted the burden of proof from the states, which previously had to show their proposed changes would not discriminate against minority voters, to the voters themselves, who would now have to show their rights were infringed upon.
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"Because Aleynikov had the burden of proof, he failed to prove that someone who held the bare title of 'Vice President,' but who otherwise held a position with the responsibilities of an employee, qualified as an officer for purposes of (fee) advancement under the Bylaws," Laster wrote.
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But because so much of the burden of proof has historically fallen to the victim -- as it has in many of the cases of midair assault -- we are only just starting to examine what constitutes an offense, and what others are meant to do about it.
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It's not necessary to have committed a crime, and the burden of proof is reversed so that those targeted must prove in court not only that their assets were acquired by legal means, but also that they'll never be used in the future for an unlawful act.
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If people reject the compensation or their claim is dismissed, they can sue the vaccine manufacturer, although Ms. Gentry said that because the program requires "a lower burden of proof" than civil court does, it would be hard to win a lawsuit based on the same claim.
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But experts say it has also made Judge Williams a meticulous evaluator of a prosecution case that was in trouble even before his Thursday ruling acquitting Officer Caesar R. Goodson Jr. of seven charges, including second-degree murder, because he knows the burden of proof all too well.
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We often talk ruefully about how the U.S. judicial system will "put the victim on trial" in sexual assault cases—about how someone who has experienced abuse shouldn't have to bear the burden of proof, or be questioned about their role in the crime, and yet they often are.
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He has also made other moves with this authority, including allowing judges to reject asylum claims without a hearing, shifting the burden of proof onto the migrant -- who is not provided legal representation by the government -- and making it harder for judges to close cases at their discretion.
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"This op-ed put my mother in a position black women find ourselves in all too often: our contributions diminished, unattributed and ignored; our leadership overshadowed and unacknowledged; saddled with the burden of proof, having to explain our achievements, credentials and qualifications," Alexander wrote in a post on Medium.
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In a letter, the Department of Education's Office of Civil Rights outlined several changes to the existing policy: Schools are now permitted to put a higher burden of proof on survivors, to allow accused rapists to cross-examine their alleged victims, and to eliminate survivors' right to appeal.
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Removal of overstays who enter with a visa requires a hearing before an immigration judge, but the government's burden of proof can be met by establishing that the person was admitted to the United States as a nonimmigrant visitor and that the period authorized for the visit has expired.
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In late July, the department announced it was tightening rules governing the forgiveness of student loans, also put in place by the Obama administration, increasing the burden of proof on individuals to show that they've been misled intentionally by their schools or that they've suffered grave financial hardship.
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Last year the Florida Legislature made the law even more protective of those who use force by putting the burden of proof on state attorneys: They must show that the law does not protect a person they charge, rather than the defense having to show that it does.
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After the positive tests emerged, the first ones since the race began drug testing the dogs in 1994, the group examined rules in other sports and realized it was virtually alone in not placing the burden of proof on the athlete — in this case, the musher, not the dogs.
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Last year, after many false starts, Congress passed a bipartisan bill that updated the Toxic Substances Control Act, a 1976 law that had made it very hard for regulators to ban or regulate chemicals by requiring the E.P.A. to meet a very high burden of proof before taking action.
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U.S. District Court for the District of Columbia Judge Randolph Moss said Public Citizen, the Natural Resources Defense Council and Communication Workers of America, AFL-CIO failed to prove their members will be harmed by the president's orders, which is a burden of proof required to bring a lawsuit.
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The details: Under the new rule, judges can terminate deportation proceedings if the government fails to meet its burden of proof, requests a dismissal, or "to allow an immigrant time for a final hearing on a pending petition for naturalization when the matter involves 'exceptionally appealing or humanitarian factors,'" per Reuters.
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This is for many of the same reasons that the majority of rapes are not prosecuted — the element of he said, she said makes the burden of proof impossibly high in many cases — but also because there is no clear legal statute that addresses the act of stealth condom removal.
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Attorney General Jeff Sessions vowed that the Justice Department will "take the most vigorous action" to protect Americans against "racism and bigotry" in the aftermath of the tragedy in Charlottesville, but legal experts have noted the challenges of using federal civil rights statutes in this case given the burden of proof.
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Under Florida's "stand your ground" law, not only does an individual have "no duty to retreat" when faced with "imminent death or great bodily harm," but a recent change to the law made it even easier for defendants to get off by shifting the burden of proof to the state.
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But if New York district attorneys' offices are to live up to our country's ostensible commitment to "equal justice under law," then low-income people of color are entitled to the same burden of proof, the same presumption of innocence and the same exercise of prosecutorial discretion as Mr. Weinstein.
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If an award is made in favor of the plaintiffs (the consumers) via settlement or trial, the money (after numerous attorney and court fees, of course) is split evenly amongst the many (in this case, many many) consumers involved, though there would be a burden of proof to reap your portion.
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The Asilomar Conference and the ensuing debate over genetics relied on the precautionary principle—the idea that when introducing a product or technology that puts the health of humans or the environment at stake, the burden of proof falls on advocates of the new advancement to prove that it's safe.
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We will extend civil rights protections to ensure full access to the courts for poor and minority communities to seek legal protections by overturning the Sandoval Supreme Court decision that set an unreasonable burden of proof of racism for claims of environmental racism, including disparate and cumulative exposure to environmental health risks.
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The bill will "provide a process for individuals being investigated as known or suspected terrorists who attempt to buy a gun go to be flagged, delayed and -- if the burden of proof is satisfied -- denied the purchase," House Majority Leader Kevin McCarthy, R-California, said in a statement Friday after posting the bill.
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"Although prosecutors bear a considerable burden of proof, they have already gathered much material, so it will be a process of calling all the people involved and proving their case point by point," said a lawyer who was a member of the special prosecutors' team probing allegations against Park and corporate leaders.
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In states like California, a judge and jury can distinguish between involuntary intoxication (if someone was slipped a roofie) and voluntary intoxication (if someone willingly drank, and then was raped) in crimes centering on the question of sexual consent—those victims who voluntarily consume substances can face a higher burden of proof.
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Last month, the British government unveiled proposals to introduce "unexplained wealth orders", a legal instrument that would reverse the burden of proof, so that people suspected of having used stolen money to buy property would have it stripped from them by a court if they could not show their wealth was accumulated legitimately.
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Ultimately, evidence in the case may have limited the options for prosecutors, who have a higher burden of proof than the S.E.C. For one thing, there is nothing inherently illicit about hiring well-connected people, and prosecutors may have struggled to show an explicit quid pro quo from the bank to Chinese officials.
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" "The burden of proof is on Saudi Arabia, or should be, and that's what President TrumpDonald John TrumpFacebook releases audit on conservative bias claims Harry Reid: 'Decriminalizing border crossings is not something that should be at the top of the list' Recessions happen when presidents overlook key problems MORE should be saying.
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He claimed the sex was consensual at the time and through his lawyer, he reiterated that stance today: "I think an indictment is just a prosecutor's rubber stamp and requires a much lower burden of proof than one required for a conviction, which is beyond a reasonable doubt," said Michelle Tuegel, Oakman's attorney.
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Congress should use its impeachment power to pass a law requiring the president to be recused in cases involving direct political rivals, with the penalty being having to bear the burden of proof in any Senate trial — that is, having to show that the investigation was in the interests of the United States.
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Despite the chief's finding -- and despite the City Council awarding the women a $4.2 million settlement and, separately, $40,000 to replace their bullet-riddled pickup in the months following the shooting -- the county district attorney's office noted that the chief's decision required a lower burden of proof than did the leveling of criminal charges.
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With the Supreme Court decision, lawmakers should move the issue forward by pursuing legislation that increases the standard used to seize property to clear and convincing evidence, by placing the burden of proof on the government, by providing necessary counsel to those from whom property or money is seized, and much more this year.
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The senator asked the watchdog office specifically to look into the role Bernhardt and others played in "obstructing" the FWS analysis, the role he played in changing a FWS policy that elevates the burden of proof that a pesticide affects a species, and what role other political appointees played in the decision making process.
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Then the two sides schedule a conference call with the arbitrator to discuss what laws may have been broken, what kinds of evidence will be allowed, how many witnesses each side can call, and the burden of proof that Maria needs to meet to prove that her employer illegally harassed and retaliated against her.
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The association recommended that forensic patients be detained only if there is clear and convincing evidence — a standard that, if it had to be quantified, means about 75 percent certainty — that they're mentally ill and dangerous; the current legal burden of proof in most jurisdictions is a "preponderance of the evidence," or 51 percent certainty.
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Rapid-response dispute-settlement mechanisms, international arbitration, the deployment of American so-called labor and environmental attachés in Mexico and placing the burden of proof on the party that is said to violate the agreement — not on the victim — may insure that Mexican workers will enjoy rights that they have never known in real life.
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In a statement at the time, the office said it had found a pattern in which the mayor or his associates had solicited contributions from donors seeking favors from the city, but had decided not to bring a case after weighing, among other things, the "high burden of proof" created by the McDonnell ruling.
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Instead he could choose to limit the witnesses or evidence Democrats could introduce; allow Mr Trump "to assert privilege to prevent anything from being disclosed that the president does not wish to be disclosed"; or "impose a tougher burden of proof"—like the criminal standard of "beyond a reasonable doubt"—to tip the balance in Mr Trump's favour.
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"There's a common structure, but as far as how you're supposed to do it on the ground, substantively or procedurally or in terms of burden of proof, there's a lot of debate on that, and not a lot of consensus," said Jackson R. Sharman III, who was special counsel to the Alabama legislative committee that investigated Gov.
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Its sole role is to determine whether the prosecutor has enough evidence — just probable cause at this early stage — to warrant filing a formal allegation (the indictment), which transfers the case to a judicial court for a full-blown trial at which the prosecutor must bear the much higher, beyond-a-reasonable-doubt burden of proof.
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Among the ways it has done so: suspending the requirements and tools instituted to effectively improve municipal planning efforts to further fair housing, and proposing to nullify the Fair Housing Act's Discriminatory Effects Standard, also known as disparate impact, by shifting the burden of proof onto the plaintiff at every step of a disparate impact discrimination claim.
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Prosecutors' decision to charge or not charge Mr. Drejka will likely turn on whether they believe they can meet the burden of proof in showing that the Stand Your Ground law does not apply to the case, Marvin Lim, a lawyer who focuses on cases involving Stand Your Ground laws, said in an interview last week.
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A company opposing a pension-benefit claim bears the burden of proof when a worker makes a prima facie case that he is entitled to the benefits, but does not have access to key information under the company's control that could substantiate the claim, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals ruled.
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These "whisper networks," as they're often called, are what women use to keep each other safe when normal routes of protection — HR complaints, direct confrontation, the police — simply won't work, either because of a man's power or because the burden of proof, when it comes to sexual harassment, is so heavy, and the price of becoming an accuser is so steep.
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Sheikh Salman Bin Ebrahim Al Khalifa of Bahrain has said he would be willing to "revisit" the issue if previous "wrongful conduct" meets his Biblical proportion of burden of proof, but he also has said he's "confident" the 2022 World Cup will be held in Qatar, despite the tiny host nation dragging its feet on implementing even the most toothless human rights reforms.
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The 9th U.S. Circuit Court of Appeals rejected Danny Snapp's argument that, due to improper jury instructions, he was held to an unduly high burden of proof, and that the burden of disproving his claims should have shifted to BNSF because it had allegedly shirked its duty to engage in the interactive process of determining whether his disability could be reasonably accommodated.
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If his legal balls make it safely across the net, the defendant then gets the chance to knock the ball back, and the case out, by successfully maintaining a defense In the U.S. however, the "reverse burden of proof" means that it is the plaintiff who must show that the allegations are false — not the defendant who must prove them true.
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I mean, we've lived a lifetime of stories, whether people telling you about something or you're a woman who was a friend suggesting something happened and it became the moment which publicly, the tide... I think and I hope that it began to become corrective as opposed to just anecdotal, or said another way, that the burden of proof has shifted, right?
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"I think of all the people who will be saved because we did this right and put the burden of proof where it belongs," State Senator Dennis Baxley, one of the authors of the original 2005 Stand Your Ground bill, said during a passionate floor debate that touched on the importance of self-defense and the reality of race in America.
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A few provisions of that regulation appear to have been the seed for the plan the Trump administration is now expected to unveil: a "travel ban"-style proclamation to bar immigrants who arrived between ports of entry from seeking asylum, and instead redirect them into "withholding only" proceedings with a higher burden of proof and no chance at permanent legal status.
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In 2180, Congress amended Title VII of the Civil Rights Act to incorporate what is known as a mixed-motives model for discrimination claims, which meant that if the employee demonstrated that the person's race, color, religion, sex or national origin was a motivating factor in the adverse action, like demoting or firing, placed on the employee, the burden of proof shifted to the employer.
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When a judge finally does look at the alleged violations, her decision will be made after a hearing in which your rights are diminished and the amount of evidence and convincing the judge needs (called the burden of proof) is low—a preponderance of the evidence, which means she only has to find that it's more likely than not that you violated your probation terms.
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He rolled back the Obamacare contraception mandate for employer-provided health insurance, allowing exemptions for moral or religious reasons; he halted an Obama-era rule that would have required companies to report how much they pay women versus men; Education Secretary Betsy DeVos eliminated Obama-era guidance for how colleges should handle sexual assault complaints, raising the burden of proof for women; and so on.
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The company has three advantages, according to Gallant: The deal is "vertical" so it would be difficult to prove harm to the marketplace as it does not eliminate a rival; the DOJ would bear the burden of proof that the deal is anti-competitive; and the department's earlier attempts to negotiate behavioral conditions for approval indicate that it knows a legal case isn't strong.
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Thanks to the extremely high burden of proof required to obtain a criminal conviction, along with significant procedural advantages given to defendants and the historical bias against female accusers that still exists in many police departments and state courts, less than 6 percent of rapes end up being prosecuted, and less than 3 percent culminate in a conviction that includes any time behind bars.
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READ: Florida saw a 32 percent increase in homicides because of Stand Your Ground "If the state of Florida is going to accuse a citizen of committing a crime, the state of Florida should have the burden of proof at each and every part of the proceedings," Florida state Republican Senate President Joe Negron, who backed the bill, said when the change was made in June.
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"If Sony gets this trademark, someone will have to pay hundreds of thousands of dollars trying to cancel the trademark and fighting Sony's lawyers, and then you have the burden of proof for canceling their mark and that's going to be a very difficult, uphill battle," Stephen McArthur, an attorney who spends his time counseling clients on trademark and copyright issues in the video game industry, told me.
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Hatch, a Republican, set aside a moment during Attorney General Jeff Sessions appearance before the Senate judiciary committee to address a weekend report from The Washington Post and CBS's "60 Minutes" that explained how the pharmaceutical industry successfully pushed a bill through Congress that raised the burden of proof for large opiate shipments across the United States and made it tougher for the DEA to pursue charges against drug distribution companies.
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And while his peers in the Republican Party tried to strike a balance between "good" legal immigrants and "bad" illegal ones, he has always taken a skeptical attitude toward immigrants and immigration, period, believing that the burden of proof ought to be on an immigrant to prove that she deserves to come to or stay in the US, and preferring, always, to keep worthy people out rather than let anyone unworthy in.
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