Search for: "State v. Burden" Results 41 - 60 of 24,503
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22 Jan 2018, 9:05 pm by Walter Olson
North Dakota, “that a State may not require out-of-state sellers of goods or services to collect that State’s sales/use tax, unless the out-of-state seller has some ‘physical presence’ in the State – a retail outlet, warehouse, office, or the like” This term’s case of South Dakota v. [read post]
9 Dec 2014, 2:35 pm by Daily Record Staff
Is a defendant entitled, upon request, to an instruction expressly informing the jury that the State has the burden of proving each element of every charged offense beyond a reasonable doubt and did the lower court err in refusing to give the requested instruction? [read post]
1 Nov 2010, 10:15 pm by Scott Koller
As noted above, the fact that the claimant was initially found disabled under the terms of the plan may be considered evidence of the claimant’s disability, but as the Eighth Circuit stated in McOsker v. [read post]
9 Dec 2010, 8:48 am by Gregory Forman
Three reported South Carolina cases state adultery must be proven by “clear and convincing evidence. [read post]
16 Jan 2018, 5:05 am by John Jascob
FRE 301 provides that unless a federal law or the FREs state otherwise, a defendant in a civil case has the burden of production, but the burden of persuasion remains with the party that had it originally. [read post]
6 Jan 2010, 4:04 am
Probationer has the burden of demonstrating his or her dismissal during probation was not made in good faith or for an impermissible reasonMatter of Conboy v Felton, 2009 NY Slip Op 10022, Decided on December 31, 2009, Appellate Division, Third DepartmentKarl J. [read post]
5 Jun 2019, 6:46 am by Matthew L.M. Fletcher
Instead of deference, the Belloni decision reinstated burdens on state regulation that the Supreme Court had imposed a quarter-century earlier, in Tulee v. [read post]