burden of proof

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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 ?
One way to approach this argument is through the claim that it is loss-of-chance causation, rather than the balance of probabilities standard, that provides optimal deterrence.
A council spokesman said: "The LEA has a responsibility to safeguard the children and young people in its care, and, on that basis, it needs to consider the balance of probabilities.
A forfeiture order was made under the Proceeds of Crime Act 2002 against the cash seized and a district judge has ruled that the cash was, on the balance of probabilities, money from drug dealing.
However, the board has undertaken a forecast review and the balance of probabilities suggests an outcome that may be below the board's previous expectations.
On the balance of probabilities he, neither acting alone or in conspiracy with other officers, deliberately inserted song titles into his evidence," the Independent Police Complaints Commission said.
Brunton said: "On the balance of probabilities, part of the rubbish that Mr Jones had accumulated in his bedroom collapsed on his body, which caused asphyxia.
Experts may never get all the pieces to the puzzle and might have to draw a conclusion on the balance of probabilities, he said.
The decision is meant to be based on a balance of probabilities and there is strict guidance which is meant to direct the stewards towards coming to the correct result, whatever that might be.
Teesside Coroner Michael Sheffield said he accepted Mrs Nichols had not drowned and, on the balance of probabilities, died due to natural causes.
Scotland lost all their games last year and it is not likely for a team to lose all their matches again the following season - so on the balance of probabilities they are due some success.
After studying all the evidence, the disciplinary committee was not satisfied that on the balance of probabilities, that the action by Lewis Moody was deliberate and the citation was dismissed, " said ERC in a statement.
What should happen instead is that the jury in a jury trial or the judge if there is no jury should weigh together the circumstantial and direct evidence, to decide if the plaintiff has proven his case on a balance of probabilities.

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