What is the burden of proof of waiver in an election?

California, United States of America


The following excerpt is from Wilks v. Mouton, 159 Cal.App.3d 792, 205 Cal.Rptr. 735 (Cal. App. 1984):

3 I reject appellants' contention that the burden of proof of waiver in an election contest rests upon the contestees. (See generally City of Ukiah v. Fones (1966) 64 Cal.2d 104, 48 Cal.Rptr. 865, 410 P.2d 369.) The burden of producing evidence as to a particular fact, in this case, illegal voting, rested initially on appellants. (See Evid.Code, 550.) But assuming, arguendo, that some showing was required on the part of respondents as contestees, ample evidence of waiver existed to support the trial court's finding.

4 Compare sections 14234 through 14236 providing for assistance of the disabled voter at the polling place.

Other Questions


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)
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)
When a defendant waives a waiver of his right to leave the scene of the crime, does the waiver constitute a knowing waiver? (California, United States of America)
What is the burden of proving a defendant's waiver of the Miranda rights? (California, United States of America)
What is the burden of proof in a murder case? (California, United States of America)
What is the burden of proof to prove the issue of withdrawal? (California, United States of America)
Does the prosecution cross the line in its argument about the burden of proof? (California, United States of America)
Does CALCRIM No. 376 reference to "slight supporting evidence" reduce the burden of proof? (California, United States of America)
What is the burden of proof in administrative proceedings involving the revocation or suspension of a professional license? (California, United States of America)
What is the effect of the Court of Appeal's failure to provide a standard burden of proof instruction such as CALJIC 2.90? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.