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Simple English definitions for legal terms

burden of going forward with evidence

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A quick definition of burden of going forward with evidence:

Term: Burden of Going Forward with Evidence

Definition: The burden of going forward with evidence is the responsibility of a party to present enough evidence on an issue to allow the fact-finder to make a decision. This is necessary to prevent a peremptory ruling, such as a summary judgment or directed verdict, from being made against the party. Essentially, it is the party's duty to provide enough evidence to support their case and prevent it from being dismissed without a fair hearing.

A more thorough explanation:

Definition: The burden of going forward with evidence refers to a party's responsibility to present enough evidence on an issue to have it decided by the fact-finder, rather than being decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. This is also known as the burden of production or the production burden.

Examples: If a plaintiff is suing a defendant for breach of contract, the burden of going forward with evidence would be on the plaintiff to present enough evidence to prove that a contract existed between the parties, that the defendant breached the contract, and that the plaintiff suffered damages as a result of the breach. If the plaintiff fails to present enough evidence on any of these issues, the case may be dismissed in favor of the defendant.

Another example would be in a criminal trial, where the burden of going forward with evidence would be on the prosecution to present enough evidence to prove the defendant's guilt beyond a reasonable doubt. If the prosecution fails to present enough evidence, the defendant may be acquitted.

These examples illustrate how the burden of going forward with evidence is an important aspect of the legal system, as it ensures that cases are decided based on the evidence presented, rather than being dismissed or decided in favor of a party simply because they failed to present enough evidence.

bunkhouse rule | burden of pleading

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18:39
@texaslawhopefully: alas, haven’t even gotten an interview (applied around thanksgiving)
18:39
Yeah I would delay as long as you have plausible deniability
TGM
18:40
I actually do have a transcript issue that registrar needs to resolve, should I say that
TGM
18:41
(Course marked as Incomplete that’s supposed to be removed)
TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
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hey yall
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im premed idk why im here
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we’re like cool and sexy and fun I get it
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Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
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windyMagician
19:23
it doesn't hurt its just tingly
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19:26
It needs more alcohol. You tingle when your nerves need watering.
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try stretching it maybe to see what's up
windyMagician
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stretches make me think it's just soreness
windyMagician
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I'm sober lol
Dkk
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Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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