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ERIC Number: ED169640
Record Type: RIE
Publication Date: 1978
Pages: 18
Abstractor: N/A
Reference Count: N/A
Burden of Proof--The Controlling Principle in Applying the First and Fourteenth Amendments.
Frels, Kelly
This paper discusses four major Supreme Court decisions that address the issue of which party has the burden of proof in civil rights cases. Two of the 1977 cases involve the application of the First or Fourteenth Amendments, and two are pattern or practice cases brought pursuant to Title VII of the Civil Rights Act of 1964. The controlling issue of who has the burden to prove what, the paper notes, should determine the outcome of most civil rights cases. The paper discusses pre-1977 burden of proof standards and the four 1977 cases themselves in detail. Conclusions indicate these cases establish some important principles. While the overall burden of proof is on the party seeking redress, the courts will shift the burden at the trial. Once the plaintiff has established a prima facie case, the courts shift the burden to the other party to negate or disprove it. In determining who should have the burden of proof, the courts consider questions of policy and fairness based on their experiences. (Author/LD)
Not available separately; See EA 011 530
Publication Type: Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: N/A
Note: Chapter 5 of "School Law Update--1977" (EA 011 530); For related documents, see EA 011 530-556