burden of proof

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Prima facie is a Latin term that translates to “at first sight” or “based on first impression.” The phrase “prima facie” is used as an adjective or an adverb. As an adjective, prima facie describes a fact or presumption that is sufficient to...

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Hamid Mohamed Ahmed Ali Rehaif is a citizen of the United Arab Emirates. United States v. Rehaif at 3. Rehaif applied and was accepted to the Florida Institute of Technology (“FIT”). Id. The United States issued Rehaif an F-1 nonimmigrant student visa...

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Under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. every disabled child is entitled to a “free appropriate public education” ("FAPE") that is personally tailored by public school systems receiving federal aid to...

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[Question Presented][Issue][Facts][Discussion][Analysis]Issue(s)

Whether requiring the defendant to bear the burden of proving withdrawal from a conspiracy as an affirmative defense violates Due Process.

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Facts

During the late 1980s and...

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Petitioner Timothy Smith is a software engineer and avid fisherman. United States v. Smith at 1238. While living in Alabama, Smith used his computer skills to obtain data from the website of a business called StrikeLines without paying for them. Id....

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