There is no statute for the defense of being misinformed or otherwise prevented from registering, and the case law is silent as to (1) which party bears the burden of persuasion
of the affirmative defense and (2) the standard for the burden of persuasion
To convey the traditional view of the burden of persuasion
, a diagram must represent the internal thought process of the factfinder in ultimately weighing the evidence.
That equipoise is a zone means that the burden of persuasion
will affect many more cases than those in which the conflicting evidence results precisely in a dead heat.
73) The Supreme Court, however, did not answer this question, but rather considered "whether the burden of persuasion
ever shifts to the party defending an alleged mixed-motives discrimination claim brought under the ADEA.
A fourth difficulty with varying the burden of persuasion
to provide an incentive for prompt filing is that the technique is already used to implement other goals.
While the First Circuit required that the General Counsel only present evidence that union involvement was a motivating factor of the dismissal, the court's analysis indicated that the Hospital had the burden of persuasion
to demonstrate that other non-protected activities were the motivation for Santiago's dismissal.
Throughout, the plaintiff retains the burden of persuasion
, while the burden of production, which is managed by the court, shifts.
83) Because decisions placing the burden of persuasion
on the opposing party from the outset of litigation are very rare, the Court concluded that without a persuasive reason to believe Congress intended the burden to shift in IDEA cases, the burden would lie with the plaintiffs.
interpreted to permit a state to place the burden of persuasion
Finally, the distinction between a burden of persuasion
and a burden of production eliminates Title VII as a viable analogy on which to rely.
After a hearing, an Administrative Law Judge (ALJ), who heard the case on behalf of the NLRB, dismissed the Union's complaint ruling that the Union failed to carry its burden of persuasion
that anti-union animus was a motivating factor in the hospital's subcontracting decision.
There is the requirement of initially going forward with a burden of proof that a plaintiff has, and something called burden of persuasion