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" Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion,... "
Rules of Evidence: Hearings Before the Committee on the Judiciary, United ... - 21. lappuse
autors: United States. Congress. Senate. Committee on the Judiciary - 1974 - 389 lapas
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., 49. sējums

United States. Department of Agriculture - 1990 - 966 lapas
...actions and proceedings not otherwise provided for by act of Congress or by these Rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1979 - 680 lapas
...factual proposition shall have the burden of sustaining the proposition. (c) Presumptions. A presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1990 - 648 lapas
...administrative agency pursuant to statutory authority, or pursuant to executive order, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in...
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Code of Federal Regulations: Containing a Codification of Documents of ...

1982 - 720 lapas
...factual proposition shall have the burden of sustaining the proposition. (c) Presumptions. A presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in...
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Code of Federal Regulations: Containing a Codification of Documents of ...

2001 - 1296 lapas
...factual proposition shall have the burden of sustaining the proposition. (c) Presumptions. A presumption imposes on the party against whom it is directed the burden of going forward vrith evidence to rebut or meet the presumption, but does not shift to such party the burden of proof...
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Hearings, Reports and Prints of the House Committee on the Judiciary

United States. Congress. House. Committee on the Judiciary - 1973 - 1912 lapas
...GENERAL "In all cases not otherwise provided for by Act of Congress or by these rules a [.resumption imposes on the party against whom it is directed the burden of prorlng that the nonexistence of the presumed fact is more probable than its existence." 5 This statement...
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Rules of Evidence: Hearings, Ninety-third Congress, First Session, 1. sējums

United States. Congress. House. Committee on the Judiciary. Special Subcommittee on Reform of Federal Criminal Laws - 1973 - 424 lapas
...General. In all cases not otherwise provided for by Act of Congress or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. COMMENTARY...
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The Federal Rules of Evidence Annotated

Charles E. Wagner - 1980 - 300 lapas
...actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in...
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Compensation for Exposure to Hazardous Substances: Hearing Before the ...

United States. Congress. House. Committee on Science and Technology. Subcommittee on Investigations and Oversight - 1983 - 510 lapas
...actions ard proceedings not otherwise provided for by Act of Congress or by those rules, a presurmtion imposes on the party against whom it is directed the burden of going forward with the evidence, to rebut or meet the presumption, but does not shift to each party the burden of proof in...
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Social Security Disability Reviews: The Role of the Administrative Law Judge ...

United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Oversight of Government Management - 1983 - 490 lapas
...1973). A presumption, of course, does not affect the ultimate burden of proof. It does, however, impose "on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption." Fed. R. E vid. 301. The Secretary's own regulations provide...
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