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 ?
In his own words: "This account shifts the burden of evidence from a philosophy of morality to a science of morality.
This was, in part, due to the complex nature of the application process which required a heavy burden of evidence from schools and students.
If, however, the reason offered by the employer succeeds in raising a genuine issue of fact, the McDonnell Douglas presumption of discrimination disappears and the shifting burden of evidence production again merges with the ultimate burden of persuasion placed on the employee to prove by a preponderance of the evidence that he or she has been the victim of unlawful discrimination.