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                    [Title] => Shifting burdens
                    [Summary] => If a plaintiff or party having the burden of proof introduces evidence establishing a presumption that his assertions by themselves are true and correct, the burden of proof is still not shifted to the defendant or his adversary; it merely places on the defendant the burden of producing evidence to rebut that presumption and create a state of equipoise between the proof of both parties so that the burden to establish the case by preponderance of evidence remains with the plaintiff.
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MR AYCO

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abtest

Shifting burdens

By A LAW EACH DAY (KEEPS TROUBLE AWAY) | By Jose C. Sison | April 13, 2004 - 12:00am

If a plaintiff or party having the burden of proof introduces evidence establishing a presumption that his assertions by themselves are true and correct, the burden of proof is still not shifted to the defendant...

Opinion