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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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13:10
is it more LSAT or grades, I haven't gotten a c but will one C ruin my chances of going?
13:10
Trying to get in UC Law School after undergrad
@UnevenInstinctiveSeal: Don't give up yet, they are still doing interviews (I have mine tomorrow)
Thanks! But considering my interview was over 3 months ago and I applied 5 months ago, it's hard to be hopeful. I'm expecting a WL/R I just don't know why I keep missing those waves.
[] c0bra1
13:21
@Bobcat4life: i have a gpa in that range with 1 C because of certain circumstances but i would recommend getting it up as much as possible
[] c0bra1
13:21
i had a lot of medical issues one year and explained that
13:25
How lenient would Law Schools be with medical issues like ADHD?
eggan
13:26
cornell WL -> R :(
13:26
I performed mediocre first semester im looking at 3 As and maybe a b and a B+ this semester
13:27
Do your minors reflect well on Law School applications anyone?
13:27
and certificates?
little to no effect
13:29
Hey bobcat, take a deep breath. There isn't any reason to stress yourself out if you have three more years of school left. Try your best to get good grades, study hard for the LSAT and that is 90% of the game. during your next few years get close with a couple professors who can write you a LOR and if possible, do some sort of publishing whether that be a senior thesis or for some research. But there is no reason to stress so much right now.
[] c0bra1
13:32
trying to do your best or even a little less than your best is the way to go. sometimes you will work really hard and exhaust yourself trying to get a good result. 3 years is a long while!
13:35
poor bobcat
13:36
fr fr, I am worried they might have a heart attack over their keyboard
Mostlylegal
13:40
Prioritize your gpa.
but also, dont forget to have fun
[] c0bra1
13:56
or do something youre interested in lol
MrThickRopes
14:03
WAVES TD?
Mostlylegal
14:08
SO MANY WAVES TODAY
Mostlylegal
14:08
jk prob tmrew
when UT Knoxville says app reviewed- pending decision after being under review, is the decision coming like soon or could be another week? any insight ?
What do ya'll think about founding your own university and then issuing yourself an honorary degree and submitting it to LSAC? Is that misconduct or not
14:37
that’s mad good to hear, i’ve been emailing back and forth with a few faculty members just about clinicals and stuff hoping my thirstiness for their school will make up for my medians
14:37
washU*^
i wanna get linkedin premium so i know who stalking me
14:41
anyone got any good safety schools for me. Applying next cycle. 164 LSAT and 3.7 gpa (form my school, not LSAC(
@wickedclam Depends on what you want to concentrate on but rank 30-50 are safe for you
llama
14:47
@RegularReflectiveSkater: Went to Trump U, 4.5gpa high honors class of '23. ama
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