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The "preponderance of the evidence" standard of proof is utilized in most matrimonial actions. However, the "clear and convincing evidence standard must be met where the issue is adultery (George ...
A recent decision by the Fourth Department, West Gates CIP v. State of New York, __ A.D.3d ___, 2022 NY Slip Op 00597 (Jan. 28, 2022) affirmed an award in a partial taking which only awarded ...
TALLAHASSEE (CBSMiami) - A change is coming to Florida's "stand your ground" self-defense law. The self-defense bill introduced in the last state legislative session stemmed from a Florida Supreme ...
Overview The burden of proof in litigation is an important procedural matter. In civil litigation, the plaintiff bears the burden to prove their case by a preponderance of the evidence. In ...
Florida is now the first state with a law that spells out that prosecutors, and not defendants, have the burden of proof in pretrial “stand your ground” hearings. Skip to content.
An article I wrote recently about New Jersey shifting the burden of proof in individualized education program hearings is generating a lot of thoughtful reader comments.
New burden-of-proof law in self-defense cases applies to all future trials, Ohio Supreme Court rules
In 2018, the Ohio General Assembly passed House Bill 288, which shifted the burden of proof, or responsibility to prove facts to a jury, to prosecutors. The new law went into effect on March 27, 2019.
Ninety law professors on Sunday issued an open letter defending the U.S. Education Department's rules on colleges' obligations under Title IX of the Education Amendments of 1972 to respond to ...
Justice Nels Peterson said that while the U.S. Supreme Court’s decisions did not address a burden of proof, such as beyond a reasonable doubt, “they certainly undermined the analytical heft ...
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