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 ?
108) Furthermore, the Board employs a strict interpretation of the AIA and USPTO rules, often reading in additional hurdles beyond what is textually obvious, particularly with respect to the evidentiary burden on patent owners in showing the patentability of proposed claim amendments.
Alaska supreme court were to adopt a new interpretation of "genuine issue" that incorporated the nonmovant's substantive evidentiary burden, the same logic applies to the constitutionality of summary judgment.
These daunting problems can be traced, in part, to the high evidentiary burden in trade secrets cases.
should likewise not be held to such a high evidentiary burden at the
however, a claim of informa pauperis can only succeed if the person claiming it can meet the evidentiary burden of proof of indigence.
Alabama (37) regarding the evidentiary burden on a defendant to challenge the State's use of a peremptory challenge.
30(2) (b) to include subparagraphs 1, 2, 3, and 4 which define the criteria imputation of income for child support calculation purposes under the statutory child support guidelines; assigns the evidentiary burden to the party seeking to impute the income; and finally, creates a rebuttable presumption pertaining to imputation of the minimum wage.
Under the proposed Interpretation, an enterprise must satisfy a stringent evidentiary burden in order to establish a probable level of confidence in the validity of its tax position.
That legislation requires the Secretary of Homeland Security, after consultation with the Secretary of State, to identify categories of Iranian religious minorities whose refugee claims will be adjudicated in accordance with a reduced evidentiary burden.
In particular, they refused to apply to a party at the summary judgment stage of the proceedings the evidentiary burden that the party must carry at the directed verdict and trial stages.
Hensley appears to lessen a claimant's evidentiary burden to establish existence of a well-grounded claim.
Kentucky, which lessened the evidentiary burden on a defendant trying to prove that a prosecutor had used peremptory challenges to exclude blacks from the jury.