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Showing 1 to 12 of 12 Articles matching 'Burden of proof' in related articles.

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1. Right To Confront Witnesses: Guaranteed by the Sixth Amendment of the Constitution of the United St November 05, 2009 There are two fundamental principles which guide the United States federal criminal justice system and which protect the rights of an accused in a criminal prosecution. First and foremost is the principle that an accused is presumed innocent. The second basic constitutional principle of law places the burden of that proof squarely upon the prosecution. These two principles are vital components of the criminal justice system which apply to a criminal defendant up until a verdict is reached. Rights Guaranteed to Persons Charged with Crimes Yet there are many more rights guaranteed to persons a... (read more) Author: Sam Cadbury

2. Liability Issues - Understanding the Concept of Causation October 26, 2009 Most people seem to have a general understanding of how the court system works in civil cases until things enter the courtroom. Most movies and television shows tend to focus on the drama of the situation, but few focus on what exactly is trying to be achieved. There are different things that need to be addressed. In this article, we take a look at the concept of legal causation. Every civil litigation case requires that the suing party, called the plaintiff, prove certain elements before they are allowed to recover damages. The most common lawsuit is based on a claim of negligence. In s... (read more) Author: Thomas Ajava

3. Avoid Getting Ripped Off With New Car Sales Used Cars - For The Best Deals October 19, 2009 With the over bearing business conditions you might imagine acquiring a new car is where the deals are, with all the offers attainable from new car sales people- inaccurate! Don't burden yourself with un-driven car sales used cars are where to get the neatest deals. Additionally when it comes to car sales used classifieds online have recorded their highest takings ever which clearly suggest that if your attempting to find smart deals in car sales, used is the solution. . The proof of this is plain to see, According to a study by J.D. Power and Associates, the kings of car surveys there w... (read more) Author: Clement Joyner

4. SPEEDING AND RADAR October 12, 2009 SPEEDING AND RADAR By Kenneth A. Vercammen It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt. In every charge of a speeding violation, the complaint or summons should specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged ... (read more) Author: Kenneth Vercammen

5. Wrongful Death Cases - The Burden of Proof Issue October 02, 2009 Wrongful death cases are some of the most misunderstood in the field of law. People get outraged about them without really understanding what is happening. One of the reasons this occurs is because of the issue of burden of proof. Let’s look at the ultimate example of how burden of proof plays a major role in a case. Yes, the first OJ Simpson incident is the choice. OJ was charged with multiple murders, which are criminal charges. As we know, the gloves didn’t fit and the jury acquitted him. Fast forward a couple years and what is in the news? OJ. He was being sued for the wrongful death... (read more) Author: Thomas Ajava

6. Tips on Making a Profit With UK Buy-To-Let Property Investment October 02, 2009 UK property investment soared in the boom years, with many people choosing to build a portfolio of buy-to-let properties. On the surface it seemed fool-proof: landlords bought up houses in sought-after areas such as university towns and cities, rented them out and covered the mortgage. But with house prices falling, many buy-to-let landlords have found themselves in negative equity. Thankfully, mortgage rates have eased the burden slightly and, with only low interest rates available for savings accounts, many people are still looking to make a UK property investment in the form of buy-to-... (read more) Author: Craig Hindmarsh

7. Obtain 90 Days Unsecured Loan - Just Proof your employment status September 11, 2009 Ease your monetary burden! Don't worry if you have pending loan payment and are looking out for some extra funds to meet your urgent situation wants such as medical bills, payment of electric or phone bills, finance your education or your children's school fees, debt consolidation etc. All that is necessary of you is confirmation of employment. You will have to provide proof of your financial status in order to ascertain that you will create your loan repayments without be unsuccessful. If you give your employment proof such as your income slip or referral letter from your employer will be suf... (read more) Author: Robart Watson

8. Is the Nonjudicial Foreclosure Process Illegal? August 27, 2009 In states that allow a nonjudicial foreclosure through a power of sale clause in a deed of trust, homeowners find that their properties are sold out from under them without a hearing or chance to defend themselves. In fact, it is up to the borrowers to bring a lawsuit into court against the lender and they then have the burden of proof in showing that the foreclosure should not go forward. Although the courts have ruled that, in order to take away someone's significant interest in property, notice and a hearing are required, only a bit of notice is given to homeowners facing nonjudicial f... (read more) Author: Nick Adama

9. Litigation Malpractice - When Your Attorney Just Doesn't Cut It August 13, 2009 In a litigation malpractice case, the plaintiff sues his former attorney for poor or inadequate representation. The burden of proof is on the plaintiff and, specifically, the plaintiff has to show that he would have had a substantially better outcome in the case handled by the defendant lawyer if the defendant lawyer had not performed so inadequately. So, there is an element of causation that must be shown. Attorneys make mistakes - they are human, after all - but in a litigation malpractice case the mistake has to be the reason for the less than adequate outcome. In other words, no matt... (read more) Author: Gary Haiji

10. DUI Stops and Party Admissions August 10, 2009 The burden of proof for a crime in the United States is on the prosecution. Many DUI defendants shoot themselves in the foot because they don’t understand the concept of evidentiary party admissions. Miranda rights are something we see all the time on television and in movies. The repeated droning of “You have the right to remain silent…” is such that most people don’t think about what is really being said. When a police officer says the Miranda rights warning to you, he or she is saying you have the right to remain silent and ANYTHING you SAY may be used against you. This is because anyt... (read more) Author: Thomas Ajava

11. <b>The burden of proof in Michael Jackson case lies with the prosecution.</b> July 03, 2009 A man is born, he grows, he matures and he dies. In the intervening years between his birth and death, his body carries on several life functions which keep him alive, and in most cases, well. As is true of all living things, he has inherited a certain size range, form, and lifespan from his forebears; but, most important of all, he has acquired in that sperm and egg from his parents the condition called life - a condition that depends for its very existence on the constant release of energy in every tiny cell of his body. Powered by the energy they release from food, his cells are able to ca... (read more) Author: Haynes Darlington M.Sc. PharmD.

12. Recession Proof Opportunity March 15, 2009 What if I told you the recession is like an evil force or energy? Bare with me please, what if I told you that there is something similar in strength that can fight it? And most people won’t act when great change arises, but you know what? They should! There are a few opportunities out there that are recession proof! Ok, this is where you have to listen, or rather read carefully! There are a few industries out there strong enough to fight the recession and go home winning!  Personally I dove in, and I’m glad to say I dove in at the right time! There is nothing wo... (read more) Author: Michael Fritz

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