Sentences with phrase «ultimate burden»
The legal or ultimate burden remains with the plaintiff, but in the absence of evidence to the contrary adduced by the defendant, an inference of causation may be drawn although positive or scientific proof of causation has not been adduced.
macleanpersonalinjury.com
Economic research on employer payroll taxes finds that their ultimate burden is shifted over several years to employees — via slower growth in wages and salaries.
Equally it is not trivial to calculate exactly where the ultimate burden of taxation falls.
Contrary to popular misconception, the ultimate burden of corporate income taxes doesn't fall on corporations, but is instead borne by workers, shareholders and consumers.
Reyna argued that moving parties generally bear the burden of producing evidence pertinent to assessing the issue to be considered, even if they donot bear the ultimate burden of persuasion.
Five judges ruled that the AIA unambiguously places the ultimate burden of proof on the petitioner, consistent with § 316 (e).
For now, the patent owner must support its motion to amend by advancing evidence that the proposed claims comply with the AIA, but the ultimate burden of persuasion on patentability will rest on the petitioner.
Justice Paperny reasoned as follows: In general, though the ultimate burden of the Crown is to prove -LSB-...]
«the ultimate burden of proving that discrimination against a protected group has been caused by a specific employment practice remains with the plaintiff at all times.»
Indeed, their number and importance in legal research increase the ultimate burden of the delay.
Car Insurance can be expensive, especially if you don't have a great driving history, drive a pricier car or have the ultimate burden: the teenage driver.
[121] The courts have taken the approach that the ultimate burden of proof rests with the claimants.
Such an approach to the ultimate burden of proof in relation to cessation is consistent with the onus placed by the common law in relation to assertions of abandonment of possession and easements upon the party setting up an abandonment [71].