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What else can I help you with?
When does the burden of proof shift in criminal cases?
The answer is yes or no depending on who you talk to and is basically a matter of semantics or magic. The key is to avoid using the term "burden of proof", because the "burden of proof" consists of 2 components: the "burden of going forward with evidence" and "burden of persuasion". Both parties have a burden of going forward with evidence, but only the party making an affirmative claim like the plaintiff has a burden of persuasion. Initially, a plaintiff has the burden of going forward with evidence. This means that he loses if he doesn't offer evidence in support of his case. Once he has gone forward with evidence, if he has enough to make out a prima facie case for his claim, he has satisfied that burden. That being done, the defendant can, through crossexamination, try to scuttle the plaintiff's claim. At this point the defendant has no burdens at all. After crossexxaminations, if the court rules that plaintiff has still made out a prima facie case, then defendant's own burden of going forward with evidence arises. See the trick here? It didn't really shift. Once plaintiff satisfied his burden of going forward and making out a believable case, the defendant had to satify his own burden. Now, the defendant goes forward with his own evidence against the claim. When defendant is done and the case is over, the plaintiff now has the burden of pursuasion. In other words it is his obligation to peruade the jury or judge that he is correct. The jury looks at all the evidence and if it is persuaded that plaintiff is right, then plaintiff wins. If it is not persuaded, then plaintiff loses. So, the rule is that the burden of proof never really shifts. More like it just Saying that it shifts is a nice easy way to convey the idea that once one side proves his case the other must prove his. Both work.
Pro se Plaintiff having received answer to complaint on summons what is next step plaintiff needs to take?
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
What is Plaintiff's application is dismissed with costs?
I think this means when the Plaintiff's case is dismissed, meaning the court is not going forward with the charges, and with the costs, means the Plaintiff is responsible for the court costs. Usually this is done when the court feels the case isn't supported by facts, or evidence, or that the case shouldn't have been filed to begin with. Now it has been a while since a worked in the court system, but I think this still holds water.
Can a judgment be filed against a person without going to court?
No, even if the plaintiff wins the case through arbitration they will still need to file a petition with the court of venue to receive a writ of judgment. On the other side, however, if the defendant fails to respond to a summons pertaining to a lawsuit or judgment he/she will lose by default and may not be able to claim any of their property exemptions.
Who has the burden of proof in an alibi defense?
(in the US) The prosecution ALWAYS bears the burden of proof to prove the defendant guilty beyond a reasonable doubt, however, if the defendant uses an alibi defense, REALISTICALLY-speaking, they are going to have to furnish some credible evidence that they WERE incapable of being present at the scene of the offense at the time of its occurrence.
Will municipaliities send second summons to appear in court if you miss first apparence?
In a criminal court you will not receive a second summons to appear, you'll be issued a bench warrant. Should you be stopped by Police for a minor traffic violation and they discover the bench warrant, you're going to be arrested. If this was a summons for a civil case and you're the defendant, the plaintiff may have motioned for a default judgement. You should appeal the default judgement with a reason as to why you did not appear in court on the day your case was to be heard or called. If you were the plaintiff, the defendant can also motion for dismissal with prejudice (that the case cannot come before the courts again), you may also appeal this motion by simply appearing at the motion hearing.
What are the steps involved in going to court for debt collection?
The steps involved in going to court for debt collection typically include filing a lawsuit, serving the defendant with legal papers, attending a court hearing, presenting evidence, and obtaining a judgment.
If a person is served with a court petition where they are asking for a judgment can you pay the debt now and who do you call to stop the court proceedings?
Yes, it is often possible to settle the debt without going through court proceedings. On the summons at the bottom of the page will be the name and contact information of the attorney and/or law firm representing the plaintiff, that is who should be contacted to arrange a settlement. The defendant/debtor should be certain they understand all the terms in any agreement made.
Is it possible for me to plead guilty without having to go to court?
Yes, it is possible to plead guilty without going to court through a process called a plea bargain, where the defendant and prosecutor negotiate an agreement outside of court.
Doctrine of unclean hands?
Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint-that is, with "unclean hands".
What happen when a guilty verdict in a criminal case?
When a defendant is found guilty, it means that the jury (or sometimes judge) believe that there was proof beyond a reasonable doubt that the defendant committed whatever crime he/she was being charged with.Generally, the judge will schedule the next court hearing, known as "Sentencing", and a notice will be sent to the Court Services Office (or a similar department).The defendant may have to speak with a Court Services Officer. If the defendant does not know whether to do this or not, they should ask their attorney.The Court Services Office is going to draft a report of the defendant's criminal history, known as a "Pre-Sentencing Investigation" (or PSI), and send that to the judge.At sentencing, the judge will determine the correct punishment that the defendant need to face for their crime. Whatever punishment the judge decides will be carried out immediately after the hearing, unless specified otherwise by the judge.
Can you see the context of a text message supenua by court?
Yes no matter if the defendant or prosecution makes a motion to retrieve that evidence cause they have to share what they are going to use in trial
