A burden is a generic term referring to a restriction on a use or activity. Often, the term arises in property law. For instance, real property may carry an intangible burden in the form of covenants or easements. These burdens generally...
legal practice/ethics
burden of allegation
The burden of allegation, also known as the burden of pleading, refers to the plaintiff’s obligation to plead sufficient assertions of facts to support a cause of action against a defendant.
As established by the seminal...
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
Bush v. Gore (2000)
Bush v. Gore (2000) is the Supreme Court case regarding Florida’s recount of the presidential election ballots in the year 2000.
Petitioner, George W. Bush, won the 25 electoral votes in Florida (and thus the presidential...
business judgment rule
The business judgment rule provides a director of a corporation immunity from liability when a plaintiff sues on grounds that the director violated the duty of care to the corporation so long as the director’s actions fall within the...
but-for cause
But-for cause, sometimes used interchangeably with actual cause, is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law.
In civil cases, but-for cause combines with proximate cause to...but-for test
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...
bylaw
Bylaws refer to the regulations and rules established by a company or other organization for internal management. Bylaws are most often used in companies to determine the rights and obligations of employees and organizations in a corporate...
bylaws
Bylaws refer to the regulations and rules established by a company or other organization for internal management. Bylaws are most often used in companies to determine the rights and obligations of employees and organizations in a corporate...
cancellation of removal
Cancellation of removal is an immigration benefit whereby permanent residents and non-permanent residents may apply to an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence...