 | Simon Greenleaf - 1899 - 1190 páginas
...determining the incidence of this duty ; at the outset the test is furnished by ascertaining who has the burden of proof, in the sense of the risk of non-persuasion, under the pleadings or other rules declaring what facto, probanda are the ultimate facts of each party's... | |
 | John Henry Wigmore - 1905 - 922 páginas
...2490, 2491). " presumptions, whereof there be three sorts, в Thayer, иЫ supra, 339. to the jury) has the burden of proof in the sense of the risk of non-persuasion of the jury. The important thing is that there is now 710 longer in force any ruling of law Ъу the... | |
 | United States. Department of Agriculture - 1990 - 966 páginas
...burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk...trial upon the party on whom it was originally cast. As applied to the proceedings in the above subject case, the Respondents submit that section 1825(d)(5)... | |
 | 1994 - 590 páginas
...burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk...trial upon the party on whom it was originally cast. § 18.302 Applicability of state law. The effect of a presumption respecting a fact which is an element... | |
 | 2000 - 636 páginas
...burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk...trial upon the party on whom it was originally cast.' The Rule merely defines the term 'presumption.' It in no way restricts the authority of a court or... | |
 | 2006 - 670 páginas
...burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk...trial upon the party on whom it was originally cast. The Rule merely defines the term *presumption.' It in no way restricts the authority of a court or... | |
 | 1983 - 740 páginas
...burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the hearing upon the party on whom it was originally cast. (d) Admissibility. All relevant and reliable... | |
 | 1994 - 560 páginas
...going forward with evidence to rebut or meet the presumption, but a presumption does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the hearing upon the party on whom it was originally placed. § 20.704 Scheduling and notice of hearing.... | |
 | 1997 - 1092 páginas
...burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuaslon, which remains throughout the hearing upon the party on whom it was originally cast.... | |
 | 2001 - 660 páginas
...the burden of going forward with evidence to rebut or meet the presumption; but (b) Does not shift the burden of proof in the sense of the risk of non-persuasion. § 20.704 Scheduling and notice of hearings. (a) With due regard for the convenience of the parties,... | |
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In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not... 
