9660 Employment Litigation: Standards for Shifting the Burden of Proof
Price: $ 119.00 (USD)
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You will receive 1 credit (CE) upon completion of this course.
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Course Description
It is a fundamental tenet of trial practice that the burden of proof rests with the plaintiff. Or is it? In the context of employment litigation, it is possible for the burden to be shifted to the defendant. What standard of evidence is required to shift the burden? A panel of lawyers and judges discuss the burden-shifting potential of evidentiary rules, and issues that arise in the offer and proof of direct and circumstantial evidence of discriminatory conduct, including conflicts in testimony and the relevance of subsequent performance.
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Course Outline
Employment Litigation: Standards for Shifting the Burden of Proof
I. Criteria for Burden-Shifting
A. Probing the Black Cloud
B. Shifting the Burden with Direct Evidence
C. Direct Evidence in Age Discrimination Cases
II. Jury Issues
A. Charging the Jury
B. Jury Reactions
C. Mixed-Motive Instructions
III. Distinguishing Direct and Circumstantial Evidence
A. Do You Know It When You See It?
B. Reliance on Inference
IV. Conflicts in Testimony
A. Affidavits Contradicting Deposition Testimony
B. Hypothetical: Swifter v. GolfScapes
C. Elaboration or Contradiction?
D. Summary Judgment
E. Credibility
F. Suborning Perjury
G. Be Thorough
H. Listen Carefully
I. Deposition Practices
V. Subsequent Performance
AfterWordsSM
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I. Criteria for Burden-Shifting
A. Probing the Black Cloud
B. Shifting the Burden with Direct Evidence
C. Direct Evidence in Age Discrimination Cases
II. Jury Issues
A. Charging the Jury
B. Jury Reactions
C. Mixed-Motive Instructions
III. Distinguishing Direct and Circumstantial Evidence
A. Do You Know It When You See It?
B. Reliance on Inference
IV. Conflicts in Testimony
A. Affidavits Contradicting Deposition Testimony
B. Hypothetical: Swifter v. GolfScapes
C. Elaboration or Contradiction?
D. Summary Judgment
E. Credibility
F. Suborning Perjury
G. Be Thorough
H. Listen Carefully
I. Deposition Practices
V. Subsequent Performance
AfterWordsSM
More Information
| Language | English |
| Course Length | 1.20 hours |
| Duration of Access | for 3 months from day of enrollment |
| Continuing Education Credits | 1 |
| Instructor | Julian R. Birnbaum, Robert B. Fitzpatrick, Paul W. Grimm, Joseph E. Irenas, Robert S. Whitman |
| Vendor | Cognistar (Read more about Cognistar accreditation.) |
| Course Certification | CLE credit available, see details for each course for states where available |
| Prerequisites/Audience | intended for attorneys and law students |
| Requirements/Materials Included | computer with Internet access |
Price: $ 119.00 (USD)
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