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In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. When a party bearing the burden of proof meets their burden, the burden of proof switches to the other side. Burdens may be of different kinds for each party, in different phases of litigation.
The word "incumbent" is derived from the Latin verb incumbere, literally meaning "to lean or lay upon" with the present participle stem incumbent-, "leaning a variant of encumber, [1] while encumber is derived from the root cumber, [2] most appropriately defined: "To occupy obstructively or inconveniently; to block fill up with what hinders freedom of motion or action; to burden, load."
Long, 463 U.S. 1032, 1038 (1983) (“It is, of course, incumbent upon this Court to ascertain for itself whether the asserted non-federal ground independently and adequately supports the judgment.” (internal quotation marks omitted)); Fox Film Corp. v. Muller, 296 U.S. 207, 210 (1935) (“[W]here the judgment of a state court rests upon two ...
It is incumbent upon all of us to confront voting disenfranchisement head-on and work toward a more equitable and inclusive democracy. To address this inequality, Oklahoma policymakers have ...
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
Section 38-296 of the Arizona Revised Statutes, [2] entitled "Limitation upon filing for election by incumbent of elective office" states: . Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, state or federal office.
It is incumbent upon the King: a. to sanction and promulgate the laws; b. to summon and dissolve the Cortes Generales and to call elections under the terms provided in the Constitution; c. to call a referendum in the circumstances provided for in the Constitution;
Legally, the incumbent is a corporation sole i.e. "a legal entity vested in an individual and his successors by reason of his office" [1] and any particular occupant had the right to receive the income and make use of its assets to support him in his ministry.