burden of proof civil law

• In re Skeens, (Ohio 2011)

Civil Law: Change of Name, best interest of the child, burden of proof

• Ohio Supreme Court

• Louisiana Punitive Damages-A Conflict of Traditions

Introduction. I. History. A. Civil Law. B. Common Law. C. Louisiana Law. II. Louisiana's Punitive Damages Articles. A. Louisiana Civil Code Article 2315.4: Intoxicated Drivers. 1. The Purpose of Article 2315.4. 2. Burden of Proof. a. Intoxication. b. Cause in Fact. c. Wanton and Reckless Conduct. d. While Operating a Motor Vehicle. 3. Whether to Award Exemplary Damages. 4. Amount of the Award. 5. Appellate Review--State Standard. 6. Appellate Review--Federal Due Process. 7. Vicarious Liability. 8. Insurance Coverage. B. Louisiana Civil Code Article 2315.7: Criminal Sexual Activity. C. Louisiana Revised Statutes Section 15:1312: Interception, Disclosure, or Use of Wire or Oral Communication. D. Louisiana Revised Statute Section 9:2800.76: Sale, Distribution, or Marketing of Illegal Contr...

• Louisiana Law Review
• Nbr. 70-2, January 2010

• McDowell v. Zachowicz, (Ohio 2011)

CIVIL LAW- prescriptive easement; continuity; change in frequency; character of use; adversity; prima facie showing; rebuttable presumption; true owner's burden of proof; permissive use

• Ohio Supreme Court

• Competition law developments in East Asia.

... of the law in hearing cases involving civil monopoly disputes for public consultation. Interes... under the Antimonopoly Law, including the burden and standard of proof, matters of territorial juri...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Herman & MacLean v. Huddleston, 459 U.S. 375 (1983)

... to the traditional use of a higher burden of proof in civil fraud actions at common law is u...

• U.S. Supreme Court

• Matrimonial Regimes: Recent Developments

Matrimonial Agreements. II. Retirement benefits. III. Deferred Retirement Option Plan ("DROP"). IV. Valuation of Community Assets. V. Management of Community Property. VI. Concurrence. VII. Reimbursement claims. VIII. Interspousal duties under louisiana civil code article 2369.3. IX. Transaction or compromise. X. Preemption and partition. XI. Use of Expert Witnesses. XII. The Burden of Proof in the Classification of Assets. XIII. Classification of Obligations. XIV. Liability of Spouses for Community and Separate Obligations. XV. Conclusion and Suggestions.

• Louisiana Law Review
• Nbr. 67-1, October 2006

• Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud

This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

... and jailed corporate executives when proof of other allegations fell short. Each conviction f... make civil enforcement so complicated, burdensome, and ineffective, regardless of whether the action...

• Delaware Journal of Corporate Law
• Vol. 35 Nbr. 1, January 2010

• From colorblindness to antibalkanization: an emerging ground of decision in race equality cases.

... Race-Conscious Concerns About the Form of Civil Rights Interventions D. Transporting the Logic of ... for race-based state action that burdened and stigmatized minorities and to apply intermedia... under prevailing doctrine, which requires proof that the government acted at least in part to infl...

• Yale Law Journal
• Vol. 120 Nbr. 6, April 2011

• State v. Barker, (Ohio 2012)

CRIMINAL LAW - felonious assault; felony murder; murder; tampering with evidence; sufficiency of the evidence; manifest weight of the evidence; official proceeding or investigation; destroy; alter; impair; ineffective assistance of counsel; failing to elicit testimony at trial; failure to object; failure to argue insufficient evidence at closing; tactical; performance not deficient; no prejudice; felony sentence; no abuse of discretion. CRIMINAL LAW - IDENTIFICATION - due process; suggestiveness of identification; unreliable; factors; show-up; eyewitness; short time after assault; not unduly suggestive; sufficient to ensure accuracy; photographic identification; no likelihood of irreparable misidentification; photos not produced for identification; no due process rights implicated. JUR...

... foreseeability: (1) reduced the state’s burden of proof from “serious physical harm”  and...�required proof of appel ant’s mental state,  causation, and a specific  type of prohibite... assault from knowingly to a civil negligence standard.  The  Magnusson court, in rejecting�...

• Ohio Supreme Court

• Burden of Proof

...In civil cases, a general rule is that the burden of proof ...

• Gale Encyclopedia of Everyday Law
• Courts and Procedures