In making its ruling that the burden of proof is not the presumption, does the court have to rely on the presumption?
California, United States of America
The following excerpt is from Rancho Santa Fe Pharmacy, Inc. v. Seyfert, 219 Cal.App.3d 875, 268 Cal.Rptr. 505 (Cal. App. 1990):
In making its ruling that the presumption affected the burden of proof, the court relied on Niederer v. Ferreira (1983) 150 Cal.App.3d 219, 197 Cal.Rptr. 685. Niederer, however, did not analyze the issue, merely citing [219 Cal.App.3d 881] section 1615 2 and Boswell v. Reid (1962) 199 Cal.App.2d 705, 19 Cal.Rptr. 29.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Does the trial court erroneously instruct the jury on the presumption of innocence or the prosecution's burden of proof? (California, United States of America)
Does the absence of an explanation of a ruling make it more difficult for the appellate court to uphold the ruling as reasonable? (California, United States of America)
Can a court abuse its discretion by applying an erroneous legal standard or by making a ruling unsupported by substantial evidence? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
Does a presumption affecting the burden of proof apply to an employee seeking reinstatement? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
What is the appellate court's role in determining whether a defendant satisfied his burden of producing clear and convincing evidence in the trial court? (California, United States of America)
