All Questions
Tagged with burden-of-proof united-states
10 questions
9
votes
1
answer
919
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What is the standard of proof for violations of the amateur radio regulations?
What is the standard of proof for violations of 47 CFR 97, the amateur (ham) radio regulations? Is it preponderance of the evidence or beyond reasonable doubt?
- 17.3k
5
votes
2
answers
631
views
Are "evidentiary" standards similar or different in a civil versus criminal case?
In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need ...
- 6,548
1
vote
2
answers
259
views
If a legal document references another legal document, does it "annex" the other document?
There are probably numerous examples but I'll go with the one with which I am most familiar.
Let's say a debt buyer is trying to prove that it owns your debt. The "normal" type of proof is ...
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0
votes
1
answer
51
views
Are there any essential differences in the nature and quality of the following defenses?
A has clearly been injured, and has the bruises to prove it. He sues B for hitting him and causing those bruises. As far as I can see, B may have several different defenses.
Yes, I did hit A, but was ...
- 6,548
0
votes
1
answer
279
views
How can the burden of proof be shifted on the defendant?
NOrmally, the burden of proof is on the accuser (plaintiff).
But my understanding, from reading the link, is that if the accuser makes a prima facie case, the burden proof can shift from the accuser ...
- 6,548
12
votes
6
answers
9k
views
What will happen if someone/a group can't be confirmed that they commited a crime?
What will happen if (Bob) with 6 friends murder a person (Jake) in a room with 20 people, but after the police arrive they can't confirm which people in the room committed the crime? What will happen ...
- 387
2
votes
2
answers
315
views
Are there some torts for which the proof is "slam dunk" or close to?
The tort in question is that a driver hit a child while driving. Below are three different cases of this:
Example 1: Someone is driving in a residential neighborhood at a "safe" speed of about 10 mph....
- 6,548
18
votes
5
answers
4k
views
How is the burden of evidence distributed between parties?
I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument.
Here's an ...
- 478
3
votes
3
answers
536
views
What is the legal standard of proof required for US citizenship?
Suppose a person was claiming US citizenship by virtue of being born in the US, but had some difficulty proving that they were born in the US. What would be the legal standard of proof needed to prove ...
- 529
2
votes
3
answers
551
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What are standards of proof that are lower than "preponderance of evidence?"
Two standards that I've heard of are "compelling" evidence, and "reasonable indication." Apparently, they may be used to defend certain actions where the level of proof is less than 50-50 but "non-...
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