Persuasive - Judgments | SooperKanoon

Apr 25 1994 (FN)

Director, Office of Workers' Compensation Programs Vs. Greenwich Colli ...

Court: US Supreme Court

Decided on: Apr-25-1994

..... hill our opinions consistently distinguished between burden of proof which we defined as burden of persuasion and an alternative concept which we increasingly referred to as the burden of production ..... production does not mean that congress did not also intend to impose a burden of persuasion moreover these passages are subject to a natural interpretation compatible with congressional intent to .....

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Nov 14 2005 (FN)

Schaffer Vs. Weast

Court: US Supreme Court

Decided on: Nov-14-2005

..... from the ordinary default rule are rejected petitioners assertion that putting the burden of persuasion on school districts will help ensure that children receive a free appropriate public education ..... minimum federal procedural standards that the act specifies are unrelated to the burden of persuasion question and different states consequently and not surprisingly have resolved it in different ways .....

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Jun 17 1977 (FN)

Patterson Vs. New York

Court: US Supreme Court

Decided on: Jun-17-1977

..... 699 i hardly need add that new york s provisions allocating the burden of persuasion as to extreme emotional disturbance are unconstitutional when judged by these standards extreme emotional ..... suggested that the constitution permits the states some latitude in adjusting the burden of persuasion with respect to new ameliorative affirmative defenses that result from legislative compromise but not .....

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Apr 29 1985 (FN)

Francis Vs. Franklin

Court: US Supreme Court

Decided on: Apr-29-1985

..... undefined even when faced with clearly contradictory instructions respecting allocation of the burden of persuasion on a crucial element of an offense a reviewing court apparently would be required ..... which imparts to the jury an unconstitutional understanding of the allocation of burdens of persuasion create a reasonable likelihood that a juror understood the instructions in an unconstitutional .....

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May 01 1989 (FN)

Price Waterhouse Vs. Hopkins

Court: US Supreme Court

Decided on: May-01-1989

..... of the statute prohibits adoption of an evidentiary rule which places the burden of persuasion on the defendant to demonstrate that legitimate concerns would have justified an adverse employment ..... inference by articulating a legitimate nondiscriminatory reason for its action the final burden of persuasion however belongs to the plaintiff burdine makes clear that the ultimate burden of persuading .....

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Jun 22 2006 (FN)

Dixon Vs. United States

Court: US Supreme Court

Decided on: Jun-22-2006

..... favors the government s position here namely that defendants should bear the burden of persuasion because defendants often have superior access to the relevant proof nonetheless several factors favor ..... matter of statutory construction or supervisory power have imposed the federal crime burden of persuasion upon the prosecution in respect to self defense insanity and entrapment which resemble the .....

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Dec 05 1921 (FN)

American Steel Foundries Vs. Tri-city Trades Council

Court: US Supreme Court

Decided on: Dec-05-1921

..... affording access thereto that such representatives should have the right of observation communication and persuasion avoiding abuse libel or threats and in their efforts singly should not obstruct an ..... representatives should have the right of observation communication page 257 u s 207 and persuasion but with special admonition that their communication arguments and appeals shall not be abusive .....

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Jan 17 1996 (FN)

United States Vs. Virginia

Court: US Supreme Court

Decided on: Jan-17-1996

..... parties who seek to defend gender based government action must demonstrate an exceedingly persuasive justification for that action today s skeptical scrutiny of official action denying rights ..... would be unobjectionable if the court acknowledged that whether a justification is exceedingly persuasive must be assessed by asking 572 whether the classification serves important governmental objectives .....

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Jun 19 2008 (FN)

Meacham Vs. Knolls Atomic Power Laboratory

Court: US Supreme Court

Decided on: Jun-19-2008

..... structure indicate that the rfoa exemption creates an affirmative defense for which the burden of persuasion falls on the employer the rfoa exemption is listed alongside one for bona fide occupational ..... 147 149 152 footnote 7 meacham sought certiorari noting conflicting decisions assigning the burden of persuasion on the reasonableness of the factor other than age the court of appeals in this .....

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Jun 29 2006 (FN)

Clark Vs. Arizona

Court: US Supreme Court

Decided on: Jun-29-2006

..... sanity or capacity or responsibility by choosing an insanity definition and placing the burden of persuasion on criminal defendants claiming incapacity as an excuse consistent with due process a state can ..... see ariz rule of evid 403 even assuming the reliability and jury confusion justifications were persuasive in some cases they would not suffice here it does not overcome the constitutional .....

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