wex articles

Burden of production

A party's obligation to come forward with sufficient evidence to support a particular proposition of fact. Satisfying the burden of production may also be referred to as establishing a prima facie case. Determining whether a party has satisfied its...

Burden of Proof

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 of proving...

Bush v. Gore (2000)

Bush v. Gore (2000) is a Supreme Court of the United States case that revolves around Florida’s recount of the presidential election ballots. In this case, petitioner Bush won the 25 electoral votes in Florida — and thus the presidential election —...

business records exception

Also known as the Business Entry Rule, this exception to the evidentiary rule (which excludes hearsay from a trial) allows buisness records to be admitted if the proper foundation is laid to show the document is reliable.

The Business...

But see

A signal indicating that the cited source clearly supports the opposite of whatever the author just said, although an inference is required to see the contradiction. But see is the strongest negative signal after contra. Whereas contra indicates a...

bypass trust


A bypass trust is a tax--minimizing estate planning arrangement for spouses. During life, the couple transfers ownership of property into two trusts. At the death of the first spouse, some of the property goes to one trust (Trust A) for the...

Cancellation of Removal

Cancellation of removal is an immigration benefit whereby permanent residents and nonpermanent residents may apply to an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence, provided...

Cannibalism

Overview

Cannibalism is the consumption of another human's body matter, whether consensual or not. In the United States, there are no laws against cannibalism per se, but most, if not all, states have enacted laws that indirectly make it impossible to...

Certification Mark

Definition

A mark used in commerce by a person other than its owner to identify goods or services as being of a particular type.

Overview

Certification marks are protected and regulated as a type of trademark under the Lanham Act, but serve a...

Certiorari

Overview

When a party loses in a court of law, it is often allowed to appeal the decision to a higher court. In some instances, parties are entitled to an appeal, as a matter of right. However, sometimes a party is not able to appeal as a matter of...

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