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Simple English definitions for legal terms

burden of going forward with evidence

Read a random definition: enfranchisement of copyhold

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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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