burden of proof

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The Alleged Scheme

Respondent Ideal Steel Supply Corporation (“Ideal Steel”) and Petitioner Anza’s company, National Steel Supply Inc., are direct competitors in the business of selling steel mill products and other hardware in the Bronx and...

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Facts

In April 2009, Atlantic Marine Construction Company (“Atlantic”) entered into a construction contract with the Army Corps of Engineers to build a child development center at Fort Hood, Texas. See In re Atl. Constr. Co., 701 F.3d 736, 737 (5th Cir...

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Overview

Generally, 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 in different circumstances. For example, in criminal cases, the burden...

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Definition

According to the Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), "clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the...

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Facts

Kevin Loughrin and his codefendant, Theresa Thongsarn, devised a scheme to make money that led to federal criminal charges. See United States v. Loughrin, 710 F.3d 1111, 1114 (10th Cir. 2013). The two defendants stole checks from people’s mail....

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Knolls Atomic Power Laboratory (the "Lab") draws its workforce of 2,600 from the small upstate New York towns of Niskayuna and New Milton. The Lab is a government initiative funded by a joint program of the Navy and the Department of Energy,...

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Oral argument: April 23, 2008

Appealed from: U.S. Court of Appeals, Second Circuit (August 14, 2006).

AGE DISCRIMINATION IN EMPLOYMENT ACT, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AGE DISCRIMINATION,...
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Facts

Morton Mower (“Mower”) and Mieczyslaw Mirowski (“Mirowski") developed the first implantable cardioverter defibrillator (“ICD”) between 1969 and 1980. See Medtronic Inc. v. Boston Scientific Corp., 695 F.3d 1266, 1269 (Fed. Cir. 2011). An ICD is...

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Respondent i4i is a software consulting company that creates, markets, and sells computer software. See i4i Ltd. P’ship v. Microsoft Corp., 598 F.3d 831, 839 (Fed. Cir. 2010). On June 2, 1994, it applied for a patent ...

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Oral argument: Apr. 18, 2011

Appealed from: United States Court of Appeals for the Federal Circuit (Mar. 10, 2010)

Intellectual Property, Patent INFRINGEMENT, Presumption of Validity, Burden of Proof

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Michael Musacchio was the president of Exel Transportation Services (“ETS”), a transportation brokerage company, until his resignation in 2004. See United States v. Musacchio, 590 Fed. Appx. 360, 360 (5th Cir. 2014). In 2005, Musacchio started Total...

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This case involves two consolidated decisions issued by the Federal Circuit Court of Appeals, which has exclusive jurisdiction over appeals of the decision of the U.S. Court of Appeals for Veterans Claims. See 38 U.S.C. § 7292(c)....

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Oral argument: Dec. 8, 2008

Appealed from: United States Court of Appeals, Federal Circuit (May 16, 2007)

ADMINISTRATIVE LAW, DEPARTMENT OF VETERANS AFFAIRS, BURDEN OF PROOF, NOTICE, VETERANS CLAIMS...
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Definition

Latin for "at first sight." 

Overview 

Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima...

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Hamid Mohamed Ahmed Ali Rehaif is a citizen of the United Arab Emirates. United States v. Rehaif at 3. Rehaif applied and was accepted to the Florida Institute of Technology (“FIT”). Id. The United States issued Rehaif an F-1 nonimmigrant student visa...

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Under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. every disabled child is entitled to a “free appropriate public education” ("FAPE") that is personally tailored by public school systems...

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Appealed from: United States Court of Appeals, Fourth Circuit

Oral argument: October 5, 2005

Under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et...

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[Question Presented][Issue][Facts][Discussion][Analysis]Issue(s)

Whether requiring the defendant to bear the burden of proving withdrawal from a conspiracy as an affirmative defense violates Due Process.

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Facts

During the late 1980s and...