The burden of production refers to a party's obligation to come forward with sufficient evidence to support a particular proposition of fact. The burden of production combines with the burden of persuasion to make up the burden of proof...
trial process/advocacy
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
business record exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
business records exception
Business records exception is a statutory exception to the rule against hearsay in Federal and most state courts. The exception allows parties to enter regularly compiled records within an organization that meet a certain level of...
but-for test
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...
capricious
To be capricious is to have an unpredictable, sudden, and unaccountable change in attitude or behavior.
In the legal context, capricious is defined in Boothe v. Roofing Supply, Inc. of Monroe: “arbitrary and capricious...
caption
Caption is a heading required on all pleadings (court documents) submitted to the court.
The caption or title of a pleading is the heading or introductory clause which shows the name, address, telephone number of the...
challenge
Challenge has two major definitions in the legal context:
In general, any expressed doubt about the qualification of a person for some task, or about the legality of an action or thing. With respect to juries, a party's request to...challenge for cause
A challenge for cause is a request to disqualify a potential juror for specific reasons. Typical reasons include an acquaintanceship with either of the parties, prior knowledge that would prevent impartial evaluation of the evidence presented...
challenge to the array
A challenge to the array is defined as a challenge that seeks to disqualify an entire jury panel assembled up until that current point. Generally, the reason given is that the selection of the jury panel violated some rule designed to produce...