ONCALL
...Evidence
......Presumptions & Burden of Proof
11 Cards On This Topic:

Genetic testing is not the only method to prove parentage for the crime of incest.

Trial courts have discretion under FC §3022 and FC §3100 (a) to enter temporary visitation orders if the party made a preliminary showing they are a presumed parent and the order is in the best interests of C.

W, whose brother in Iran directly oversaw the management and investment of c/p or c/p funds postseparation, must account for the missing assets under the Margulis burden-shifting framework.

Although P rebutted the presumption of BAC test reliability based on proper blood draw, other evidence introduced at the hearing established the reliability of the manner of collection.

As D forfeited trial court's erroneous reliance on the opinion in D's direct appeal by failing to object, the prior opinion constituted substantial evidence.

Although the moving party usually bears the BOP, courts may alter the normal allocation when certain factors favor doing so.

Burden of proof in unpaid wage dispute shifts to the em/er once em/ee proves s/he has in fact performed work for which s/he was improperly compensated.

When it is not disputed the community has an interest in s/p, the burden to provide the necessary information falls on the parties equally.

An appellate court must account for the clear and convincing standard of proof when addressing a claim the evidence does not support a finding made under this standard.

Burden of proof in a child support case properly shifted to business owner to prove correctness of tax returns and expenses of business.

Because rental questionnaire was not an instrument under EC §622, tenant was not bound by her answers for purposes of an unlawful detainer action.