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The evidential burden is the burden to adduce sufficient evidence to properly raise an issue at court. There is no burden of proof with regard to motive or animus in criminal cases in the United States. The intent surrounding an offense is nevertheless crucial to the elements of the offense in a first-degree-murder conviction. [8]
The reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict or that the verdict did not correctly apply the law. That procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. A judgment ...
In the United States courts, a motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. [1] It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise. [2]
Bertuccio based his request on what he said was "a significant lack of evidence and lack of proof.'' The defense attorney said no witnesses testified at the weeklong trial that Morales had a gun ...
“DOCARE determined there is insufficient evidence that supports probable cause or that there is clear and convincing evidence to pursue any criminal or civil action at this time,” DLNR said in ...
A Kansas prosecutor on Wednesday asked police to return the items they had taken from the Marion County Record newspaper, ruling “insufficient evidence exists to establish a legally sufficient ...
Evidence must be relevant – that is, it must be directed at proving or disproving a legal element. However, the relevance of evidence is ordinarily a necessary condition but not a sufficient condition for the admissibility of evidence.
[citation needed] The clearest evidence in these cases is the physical body of the deceased. However, in the event that a body is not present or has not yet been discovered, it is possible to prove a crime took place if sufficient circumstantial evidence is presented to prove the matter beyond a reasonable doubt. [2]