Post by Jim on Oct 19, 2009 14:38:57 GMT -5
This is applicable for the accused in all domestic violence cases and that the state must prove its burden in ALL child support enforcement cases---whether CIVIL or CRIMINAL in nature. Child support cases can easily be converted from CIVIL to CRIMINAL non-support cases, especially if it involves interstate matters where the parties live in separate states. The state making the enforcement application has ALL of the BURDEN OF PROOF.
The Burden....
The burden of proof lies on him who asserts the fact, not on him who denies it, because from the very nature of things a negative cannot be proof.
This is the law in every court of our land.
It is also a key to winning in a court of law, for decisions courts are called upon to
make are always subject to this maxim. The burden of proof is a critical issue in every
dispute.
The burden is always on the person who seeks to prove his point.
The other party does not have a burden to disprove his opponent’s point.
It is remarkable how few people are aware of this simple truth, yet every victory
in court depends on it. If the other side says you did something wrong, you don’t have to
prove you didn’t do it. The other side has to prove you did.
Put the burden where it ought to be.
The burden may shift from one party to the other in a dispute. For example, the
first party may complain that the second party failed to pay a bill. At this point the first
party has the burden to prove his point. The second party may then say he did pay the
bill. At this point the second party now has the burden to prove the bill was paid. The
burden may shift back and forth at various times, depending on who is claiming what, but
always the burden is on the party who must prove his point.
The burden never shifts to require a party to prove the other party is wrong.
Maxims such as this protect the innocent. They are an important part of our
American legal heritage. They deserve public attention and should be taught in all our
schools, for by the wisdom of these maxims and the self-evident truths they teach our people
are protected from adversity, and justice is preserved for all.
The Burden....
The burden of proof lies on him who asserts the fact, not on him who denies it, because from the very nature of things a negative cannot be proof.
This is the law in every court of our land.
It is also a key to winning in a court of law, for decisions courts are called upon to
make are always subject to this maxim. The burden of proof is a critical issue in every
dispute.
The burden is always on the person who seeks to prove his point.
The other party does not have a burden to disprove his opponent’s point.
It is remarkable how few people are aware of this simple truth, yet every victory
in court depends on it. If the other side says you did something wrong, you don’t have to
prove you didn’t do it. The other side has to prove you did.
Put the burden where it ought to be.
The burden may shift from one party to the other in a dispute. For example, the
first party may complain that the second party failed to pay a bill. At this point the first
party has the burden to prove his point. The second party may then say he did pay the
bill. At this point the second party now has the burden to prove the bill was paid. The
burden may shift back and forth at various times, depending on who is claiming what, but
always the burden is on the party who must prove his point.
The burden never shifts to require a party to prove the other party is wrong.
Maxims such as this protect the innocent. They are an important part of our
American legal heritage. They deserve public attention and should be taught in all our
schools, for by the wisdom of these maxims and the self-evident truths they teach our people
are protected from adversity, and justice is preserved for all.
