burden of proof

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Related to Air of reality: Clear and convincing evidence, Standard of proof, Onus of proof

burden of proof

A UK term of art used in fitness to practice proceedings, which places the onus (burden) on the prosecution to prove their case.

burden of proof,

n in criminal cases, the task of the prosecuting officers to demonstrate the
actus reus and
mens rea of the crime; in litigation, to lay out the facts of the case. See also actus reus and mens rea.

burden of proof,

n in a legal proceeding, the duty to prove a fact or facts in dispute.
References in periodicals archive ?
It therefore follows that she clearly meets the air of reality test with respect to the urgency of the matter.
If one could state with confidence that reintubation was an option, then it would follow that there was no air of reality to the claim that there was no legal way out.
This is surely enough to establish an air of reality to the defence that there was no reasonable legal alternative available to the accused.
Morrison would meet the air of reality test - in other words that she would pass the test even if subject to the purely objective standard as per Latimer.