Friday, December 11, 2009

Other "standards" terms- presumptions, or other weird standards

There are some other legal terms that may operate to create standards that I haven't previously discussed. For example, sometimes you will hear that one side is "presumed" to have done something. This is the law's way of saying that the burden is on that particular person. Presumptions can always be defeated (the legal term is rebutted), but that may be either easy or very difficult to do. Also, you may hear other phrases that sound like standards ("a scintilla of evidence" is my favorite) but usually those are not in wide use, and sometimes they are just another way of saying one of the more common standards in use. Do a little more research and you might find out exactly what they mean (or that they don't mean much of anything).