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Articles, tagged with "burden of proof", page 1

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Common Defense Strategies Used By Criminal Defense Attorneys

24th May 2011
As a criminal defense attorney, it is your job to defend each client to the best of your ability, presenting valid arguments and defense strategies in a multitude of situations. The charges for two cases may be exactly the same, but this does not by any m... Read >
Author: William Bly

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... Read >
Author: Kenneth Vercammen Esq.

Nonjudicial Foreclosure - Violation of Borrowers' Due Process Rights?

29th August 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 br... Read >
Author: Nick Adama

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... Read >
Author: Simon King

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... Read >
Author: Mansi Gupta

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... Read >
Author: Michael Patrick Rooney, Esq., Broker

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... Read >
Author: Jonathan Cooper

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... Read >
Author: Darren Kavinoky
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