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Articles, tagged with "burden of proof", page 2

Legal

SPEEDING and RADAR for ABA

22nd March 2010
SPEEDING and RADAR for ABA 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...
Author: Kenneth Vercammen Esq.
Real Estate Law

Understanding the Legal Rights of Tenants

21st December 2009
Tenants or people that rent property from a property owner or landlord are protected by several laws. While most landlords are honest, hard-working people that want to provide tenants with a safe, clean home in which to live, some are dishonest and more ...
Author: Oliver
Divorce

No-Fault Divorce Turns 40

19th November 2009
It's with unintentional irony that we note the 40-year anniversary of something that, according to some, has enabled fewer anniversaries -- of the wedding kind -- over the last four decades than anything else: no-fault divorce. Before No-Fault Divorce ...
Author: Josh D. Simon
Taxes

Appealing Your Property Taxes

12th June 2009
How To Request Binding Arbitration Thousands of Texas homeowners will go through the property tax appeal process this year because the appraisal district incorrectly assessed their home's value. Sometimes getting a satisfactory reduction takes some time...
Author: Patrick OConnor
Legal

Proving Race Discrimination in Employment

11th June 2009
Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee alleging...
Author: Simon King
Immigration Law

Choosing Between the K1 Fiancee Visa or K3 Spouse Visa

23rd May 2009
With either the K1 Visa or the K3 Visa, you are going to have to "prove the validity of your relationship". Proving the validity of your relationship means the burden of proof is on you to demonstrate that your relationship was NOT created so th...
Author: KVisaAttorney.com
Legal

California Exemptions: Are you REALLY Exempt from Overtime Pay?

17th February 2009
One of the most common and often expensive mistakes an employer can make is to misclassify their employees as being exempt from overtime, if they are, in fact, non exempt employees by law. Exempt employees are often referred to as salaried employees and i...
Author: Mansi Gupta
Legal

Using Produce the Note to Defend Foreclosure and Beat the Bank

14th January 2009
What is "produce the note"? Why is everyone talking about it? Does it apply to me? How can it help to save my home from foreclosure? All these questions will be addressed in this article. What It Is: Produce the note is a defensive strategy that you ca...
Author: Michael Patrick Rooney, Esq., Broker
Legal

6 Ways to Challenge An Insurer's Denial of Your (Late) Notice of Claim

01st September 2008
Copyright (c) 2008 Law Offices of Jonathan Cooper In our prior article entitled "5 Rules to Succeed in Filing an Insurance Claim," we provided tips to avoid some of the insurance industry's favorite gambits for denying rightful claims, including the in...
Author: Jonathan Cooper
Legal

Jury Instructions

07th June 2006
Jury Instructions Jury instructions are the judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Although the court has discretion to give instructions at...
Author: Darren Kavinoky
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