Burden of establishing definition

Burden of establishing a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence.
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Burden of establishing a fact means the burden of persuading
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Burden of establishing a fact means the burden
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Examples of Burden of establishing in a sentence

  • Burden of establishing that a meeting of a public body is exempt from the Open Meetings Act is on the public body.

  • Burden of establishing signatures, defenses and due course (REPEALED)SECTION HISTORYPL 1993, c.

  • Burden of establishing" a fact means the burden of persuading the triers trier of fact that the existence of the fact is more probable than its nonexistence.

  • Burden of establishing “ordinary wear and tear” reduction is on tenant.

  • In this section we will analyze the voice spam landscape, comparing our observations with previous work.

  • Pat- ents 319(3) Burden of establishing nature and amount of fixed costs as well as their relationship to the infringing product is on defendant in an infringement action.

  • The period of time after any of the consumer assistance entities knew, or exercising reasonable diligence would have known, of the failure, if the violation was due to reasonable cause and not due to willful neglect and the violation was corrected within 30 days of the first day that any of the con- sumer assistance entities against whom the penalty would be imposed knew, or exercising reasonable dili- gence would have known, that the vio- lation existed.(2) Burden of establishing knowledge.

  • Such announcements shall be controlling with respect to the accounting at plants of other handlers for fluid milk products received from any producer-handler.(e) Burden of establishing andmaintaining producer-handler status.

  • HHS also may not impose a civil monetary penalty for the period of time after any of the responsible entities knew, or exercising reasonable diligence would have known of the failure, if the failure was due to reasonable cause and not due to willful neglect and the failure was corrected within 30 days of the first day that any of the entities against whom the penalty would be imposed knew, or exercising reasonable diligence would have known, that the failure existed.(b) Burden of establishing knowledge.

  • Burden of establishing" means the burden of persuading thetriers trier of fact that the existence of the fact is more probable than its nonexistence.


More Definitions of Burden of establishing

Burden of establishing a fact means the burden of 42
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Burden of establishing. , with respect to a fact, means the 2 burden of persuading a trier of fact that the existence of the 3 fact is more probable than its nonexistence. 4 "Cancellation" means an act by a party that puts an end to 5 the contract for breach by another. 6 "Computer" means an electronic device that accepts 7 information in digital or similar form and manipulates it for a 8 specific result based on a sequence of instructions. 9 "Computer information" means information in electronic form 10 that is obtained from or through the use of a computer, or that 11 is in digital or similar form capable of being processed by a 12 computer. The term includes a copy of information in that form 13 and any documentation or packaging associated with the copy. 14 "Computer information transaction" means an agreement and 15 the performance of that agreement to create, modify, transfer, or 16 license computer information or informational rights in computer 17 information. The term includes a support agreement to the extent 18 covered in section -612. A transaction is not included merely 19 because the parties' agreement includes that their communications 20 about the transaction will be in the form of computer 21 information. 22 "Computer program" means a set of statements or instructions 23 to be used directly or indirectly in a computer to bring about a
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Burden of establishing a fact means the burden of 363
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Burden of establishing a fact means the burden of persuading the tri- ers of fact that the existence of the fact is more probable than its non- existence.
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Burden of establishing a fact means
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Related to Burden of establishing

  • Compound of Concern means a contaminant that, based on generally available information, may be emitted to the atmosphere in a quantity from any source at the Facility that is significant either in comparison to the relevant Ministry Point of Impingement Limit or if a Ministry Point of Impingement Limit is not available for the compound then, based on generally available toxicological information, the compound has the potential to cause an adverse effect as defined by the EPA at a Point of Impingement.

  • Burden of proof means a duty to establish a fact by a preponderance of the evidence, or evidence more convincing, by even the smallest degree, than the evidence presented by the other party. Se-Ling Hosiery v. Margulies, 364 Pa. 54, 70 A.2d 854 (1950).

  • Study Subject an individual who participates in the Study, either as a recipient of the Investigational Product (defined below) or as a control. Subjekt studie: jednotlivec, který se účastní Studie, buď jakožto příjemce Hodnoceného léčiva (ve smyslu níže uvedené definice) nebo jako kontrolní subjekt.

  • Traditional member of the National Guard or federal reserves means an active member of the Selected Reserve subject to mobilization and deployment for which he or she attends monthly and annual training periods.

  • Federal covered investment adviser means a person registered under the Investment Advisers Act of 1940.

  • Child with special needs means a child with one or more of the following conditions:

  • Academic and professional matters means the following policy development and implementation matters:

  • Step therapy protocol means a protocol or program that establishes the specific

  • Shared Transport is defined as local interoffice transmission facilities shared by more than one Carrier, including Qwest, between End Office Switches, between End Office Switches and Tandem Switches (local and Access Tandem Switches), and between Tandem Switches within the Local Calling Area, as described more fully in the Agreement.

  • Final Approval Hearing means the hearing to be conducted by the Court to determine the fairness, adequacy, and reasonableness of the Settlement pursuant to Federal Rule of Civil Procedure 23 and whether to issue the Final Approval Order and Judgment.

  • Tax Matter has the meaning set forth in Section 7.01.

  • Transmission and distribution system means, with respect to an

  • Internal Collaboration means collaborative arrangements within a group of companies or within various strategic business. units/subsidiaries/operating divisions in order to gain a strategic position whilst sharing resources, profits and losses as well as risks

  • Claims Allocation and Handling Agreement means the agreement of that name approved by XXX;

  • Multi-family housing means a building or structure that is designed to house two (2) or more different households in separate housing Units which have full kitchen facilities including oven/range, refrigerator, kitchen sink with hot and cold water supply and food storage facilities and at least one (1) full bathroom facility(s), one (1) full bedroom and one (1) living area (including a combination thereof such as studio arrangements).