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That means government has the burden of demonstrating that its proposed regulations are necessary.
Dowling notes that the party introducing evidence carries the burden of demonstrating the evidence's relevance.
As the party challenging the statutory withholding scheme, respondent bears the burden of demonstrating its unconstitutionality.
We conclude that the prosecution carried its burden of demonstrating that Anita was constitutionally unavailable for purposes of respondent's trial.
The burden of demonstrating the existence of mitigating circumstances shall be upon the State or local educational agency.
The party seeking summary judgment has the burden of demonstrating a complete absence of any genuine factual issues.
Similar(17)
The burden of proof of demonstrating a change in domicile (i.e., the place you intend to return to) out of New York is always on the taxpayer "by clear and convincing evidence".
When state legislation burdens fundamental constitutional rights, as conceded here, we are not a liberty to speculate that the State might be able to demonstrate the absence of less burdensome means; the burden of affirmatively demonstrating this is upon the State.
One study on the economic burden of ADPKD demonstrated an association between declining kidney function and increased health care costs, but did not investigate the specific costs involved in ESRD, including dialysis.
Relying on Monge v. Maya Magazines, Inc., 688 F.3d 1170, 1170 (9th Cir. 2012), Oracle claims Google bears the burden to demonstrate its use of Oracle's copyright constitutes fair use.
The state's final report found: "The department failed to carry its burden to demonstrate by a preponderance of the evidence that (the doctors) ignored repeated warnings from the nursing staff".
More suggestions(16)
burden of translating
burden of articulating
burden of showing
burden of promoting
requirement of demonstrating
burden of paying
burden of indicating
burden of simulating
burden of guaranteeing
burden of determining
burden of communicating
burden of appearing
burden of submitting
burden of analysing
burden of evidence
burden of justifying
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com