Sentences with phrase «to shift the burden of proof»

People say we shouldn't worry because we have tenure but two ineffective ratings in a row shifts the burden of proof onto the teacher to prove that he / she is not incompetent.

To tackle this, we need to shift the burden of proof on innovation in the legal profession.

This is called shifting the burden of proof (even though science doesn't deal in «proof»).

My hope is that it fosters a dialog on the issue and perhaps even helps shift the burden of proof.

One option for further consideration is to amend the Native Title Act to shift the burden of proof once native title claimants meet the registration test.

Kiersh said that by telling the jury that, «There is no evidence to undercut the government's evidence,» the prosecutor improperly shifted the burden of proof from the government to the defendant.

Shifting the burden of proof merely shows that you have nothing to offer.

Attempting to shift the burden of proof inherent in your claim of the existence of your god is intellectually dishonest.

6) To further entrench a conception of parliaments as «for the People» and shift the burden of proof over representation

The CFB went on to note that because Stringer, despite being endorsed by the WFP, was not it's nominee, a specific rule shifting the burden of proof to Stringer 2005 was not applicable.

Aside from the glasses issue, Harris also argued on appeal that prosecutors wrongly shifted the burden of proof to the defense in closing and rebuttal arguments by stating that the jury had not heard two sides to the story and that «there is no evidence of innocence to undercut the United States» evidence.»

Lord Phillips CJ added that it would have been contrary to the interests of justice to order the defendant to stand trial again given that s 74 of the Police and Criminal Evidence Act 1984 would, on the facts of the case, effectively shift the burden of proof onto the defendant at any retrial.

Another smack - down of the secretary is a provision that shifts the burden of proof from a state having to justify its plan for receiving federal funds to the secretary having to prove that the state plan is inadequate.

During her state of the city address, City Council Speaker Melissa Mark - Viverito said that it was necessary to shift the burden of proof onto the landlord.

Due process is further compromised by proposals that allow for the possibility of shifting the burden of proof in the judgment after the evidence is in, and allow the court on an ex officio basis to grant relief not sought by the parties.

Shifting the burden of proof... that's a logical fallacy.

What you seem to not understand is that to make a claim without supporting evidence and then attempt to shift the burden of proof is intellectually dishonest.

[1] In debates, appeals to ignorance are sometimes used to shift the burden of proof.

Amidu is trying to shift the burden of proof to Anas to demonstrate that he was not on the payroll of the NDC government when he went undercover and exposed judges allegedly collecting bribes.

When Como announced the review of the Comcast / Time Warner in May, he emphasized that recent legislation he had signed had shifted the burden of proof to require the company to prove that the merger was in the public interest, whereas previously the Commission «was required to grant its approval unless it found that the transaction was not in the public interest,» the press release noted.

«Now we're shifting the burden of proof.

My Credit Group is the only credit repair agency I know of that customizes their approach to each individual client in order to provide the additional information necessary to shift the burden of proof to the creditors.

«One way in which one would attempt to shift the burden of proof is by committing a logical fallacy known as the argument from ignorance.

Asking leading questions begs their relevance and shifts the burden of proof on the interlocutor.

Such a change would «shift the burden of proof» wrote naturalist and biotech writer Michael Pollan in The New York Times.

If the evidence is «so clear», there is no need to shift the burden of proof.

In denying the plaintiff's request for a new trial, the 1st U.S. Circuit Court of Appeals ruled that instructions incorporating a legal analysis on the shifting burdens of proof in employment discriminbation cases established by the U.S. Supreme Court in 1973 is appropriate when a trial court judge «translate [s] it into everyday parlance and fit [s] it to the facts and circumstancews of a particular case.»

Turning the Tables Around on the Defendants: Shifting the Burden of Proof to the Defendant and Imposing Evidentiary Sanctions, CAALA's Advocate Journal, November 2003

Alternatively, it might prove to be purely speculative, with little or no scientific foundation... In our respectful view, the materially different levels of scrutiny to which the evidence of the two experts was subjected — none for the Crown expert and intense for the defence expert — was unwarranted, and it tended to shift the burden of proof onto the appellant.

It also might help the attorney because it shifts the burden of proof in a civil case requiring the member owing such a duty to prove good faith and fair dealing.