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Simple English definitions for legal terms

shifting the burden of proof

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A quick definition of shifting the burden of proof:

Shifting the burden of proof means changing who has to prove something in a court case. This is helpful when it's hard to prove who is at fault or what happened. For example, if someone says a car accident was caused by a problem with the car, it's hard to prove that. Shifting the burden of proof means the person who says it was the car's fault doesn't have to prove it as much. The other person still gets to argue against it, but it's easier for the first person to make their case.

A more thorough explanation:

Definition: Shifting the burden of proof means changing the responsibility of proving or disproving a point from one party to the other party. This is often used in legal cases to allow more flexibility in courtroom procedure. If one party meets a certain burden of proof, shifting the burden of proof allows the other party to make counterpoints before a judge or jury decides the issue.

For example, if a plaintiff claims that a car accident was caused by a vehicular malfunction, it may be difficult to prove whether or not the malfunction existed and caused the accident. According to evidence standards for other areas, the vehicle owner may not be able to prove that the manufacturer was responsible. However, shifting the burden of proof would allow the plaintiff to meet a lesser burden of proof while giving the manufacturer the ability to rebut the evidence.

Another example of shifting the burden of proof is in cases of discrimination. If an employee claims that they were discriminated against, the burden of proof may shift to the employer to prove that they did not discriminate.

These examples illustrate how shifting the burden of proof can be useful in cases where fault or evidence is difficult to determine, but society has a large interest in protecting plaintiffs. It allows for a fairer legal process by giving both parties the opportunity to present their evidence and arguments before a decision is made.

Shifting executory interest | Shipment Contract

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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