Thus, to proceed on the case-in-chief in a Fourth Amendment excessive force claim, the plaintiff's case will turn on whether she can bear the burden of persuasion
of demonstrating that the officer's conduct violated the standard established in Graham v.
The term "burden of proof" [in [section]90.302(2)] was intended to be used in the sense of defining which party has the burden of persuasion
with regard to a particular fact..
905(c)(2)'s general rule that places the burden of persuasion
on the moving party.
If you find that (defendant) proved (insert appropriate burden of persuasion
) that the office of the sheriff misinformed [him] [her] or otherwise prevented [him] [her] from complying with the registration requirements, you should find [him] [her] not guilty.
49, 57 (2005) ("[T]he burden of persuasion
as to certain
The larger problem is the detainee bearing the burden of persuasion
. (208) Should the government bear the burden of persuasion
in a bond hearing, the necessary related question is the standard of proof.
(95) Holdeman, 572 F.3d at 1195 ("Even if we assume that plaintiffs established a prima facie case and that the district court should have shifted the burden of persuasion
to Devine to disprove causation, as plaintiff asserts, the district court's factual findings of no causation between any fiduciary breach and any loss persuade us that any burden-shifting error by the district court was irrelevant.").
1997), required the Chancellor to determine whether the committee was well-functioning by, as he put it, taking "a look back at the substance, and efficacy, of the special committee's negotiations, rather than just a look at the composition and mandate of the special committee." The court acknowledged that there are "several problems with this approach," the most obvious being that it reduces the incentive to use a special committee if all of its decisions can be second-guessed and weakens its utility as a "reliable pre-trial guide to the burden of persuasion
." On appeal, the Delaware Supreme Court, although given the opportunity to hold otherwise, reaffirmed the status of the law on review of special committee decisions.
the plaintiff, while the defendant has the burden of persuasion
(41) Previously, the district court had noted the plaintiffs evidence of the defendant employer's reliance on the "impermissibly cabined view of the proper behavior of women," but also the employer's evidence that it "legitimately emphasized interpersonal skills in its partnership decisions." (42) In a "splintered" decision, (43) six Justices agreed that if a Title VII plaintiff shows that discrimination was a "motivating" or a "substantial" factor in the employer's action, the burden of persuasion
should shift to the employer to show that it would have taken the same action regardless of that impermissible consideration.
at 8 ("[O]ne otherwise an infringer who assails the validity of a patent fair upon its face bears a heavy burden of persuasion
....") (emphasis added); Morgan v.
Sotomayor added the common understanding of this part of the law in the Federal Circuit since 1984 was a defendant raising an invalidity defense bore "a heavy burden of persuasion
," requiring proof of the defense by clear and convincing evidence.