North Carolina Burden of Proof - Physical Evidence Not Produced

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Multi-State
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US-00876
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Sample Jury Instruction - This sample jury instruction directs the jury that the burden of proof is on the state to prove the Defendant's guilt.

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FAQ

- For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a felony, or of a Class A1, Class 1, or Class 2 misdemeanor, shall be admitted if elicited from the witness or established by public record during cross-examination or thereafter.

Relevant evidence generally admissible; irrelevant evidence inadmissible. All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules.

Having the ?burden of proof? means it is one parties' responsibility to prove his case; it is not the other party's responsibility to disprove the claimant's case. In NC injury law, as in most civil cases in America, the plaintiff (that's the person who says he was injured by the other guy) has the burden of proof.

Having the ?burden of proof? means it is one parties' responsibility to prove his case; it is not the other party's responsibility to disprove the claimant's case. In NC injury law, as in most civil cases in America, the plaintiff (that's the person who says he was injured by the other guy) has the burden of proof.

In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence.

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by the Constitution of North Carolina, by Act of Congress, by Act of the General Assembly or by these rules. Evidence which is not relevant is not admissible.

Rule 611. ? A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. (c) Leading questions. ? Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony.

- For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a felony, or of a Class A1, Class 1, or Class 2 misdemeanor, shall be admitted if elicited from the witness or established by public record during cross-examination or thereafter.

(2) for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving - or the witness's admitting - a dishonest act or false statement.

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North Carolina Burden of Proof - Physical Evidence Not Produced