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TRUE or FALSE? When there is a possible violation of the Virginia Fair Housing Law, the burden of proof is on the complainant.

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Final answer:

The burden of proof in the case of a violation of the Virginia Fair Housing Law does not fall on the complainant but rather on the accused party, bearing the responsibility to demonstrate that their actions were lawful or justified.

Step-by-step explanation:

When it comes to a possible violation of the Virginia Fair Housing Law, it is often misconceived that the burden of proof falls on the complainant. This is FALSE. In most cases involving discrimination like those covered under the Virginia Fair Housing Law, the burden of proof is on the entity being accused of discrimination to prove that their actions were not unlawful or were justified under the law. This correlates with the general principle where, in certain circumstances like religious freedom cases, the government bears the burden to prove that a law which could potentially limit religious practices is justified by a compelling governmental interest and is narrowly tailored to that interest (the Sherbert test).

In line with cases regarding defamation of a public official, the standard requires the public official to prove with actual malice that a statement was false. Similarly, activists of critical race theory may argue for acquittal of defendants from minority groups based on societal oppression; however, the legal system requires objective assessment of evidence to determine guilt or innocence, not subjective opinions based on social or power dynamics.

It is important to highlight that legal processes aim to objectively ascertain the truth based on evidence rather than subjective experiences or societal position. This truth-seeking approach is integral to maintaining the integrity of the judicial system and upholding laws such as the Virginia Fair Housing Law which was established to combat discrimination in housing.

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