What is the burden of proving illegality in a civil case?
"New York", United States of America
The following excerpt is from People v. Smith, 101 N.Y.S.3d 701 (Table), 59 Misc.3d 1211 (A) (N.Y. Crim. Ct. 2018):
"[T]hough a defendant ... has the burden of proving illegality, the People are nevertheless put to the burden of going forward to show the legality of the police conduct in the first instance." ( People v. Berrios , 28 NY2d 361, 367 [1971] ).
"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
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
What is the defense of a plaintiff in a civil case arising under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the burden of proving venue in a civil case? (MultiRegion, United States of America)
What is the burden of proving that a defendant has lost a witness in a civil case? (MultiRegion, United States of America)
What is the test for whether a plaintiff in a civil case in the US Supreme Court has been found to be a defendant in a federal civil case? (MultiRegion, United States of America)
What is the burden of proving criminal intent against defendants in a civil case? (MultiRegion, United States of America)
What is the burden of persuasion on the taxpayer for the Commissioner of Civil Justice to make a decision in a civil case? (MultiRegion, United States of America)
Does the burden of proving unreported income beyond a reasonable doubt apply in civil cases? (MultiRegion, United States of America)
