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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
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.
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