burden of proof

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Related to Preponderance of the evidence: Clear and convincing evidence, proof beyond a reasonable doubt

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 ?
can distinguish between" preponderance of the evidence and beyond a
2009) ("A party seeking to cancel a registration must overcome the registration's presumption of validity by a preponderance of the evidence.
Code's statutory provision of a single burden-shift to the criminal defendant to prove consent by a preponderance of the evidence is constitutional.
Therefore, the Court reached an incorrect conclusion in ruling that California's requirement that the defendant make a prima facie case by a preponderance of the evidence was impermissible under Batson.
Justice O'Connor's majority opinion specified that if a court required a preponderance of the evidence for an ineffective assistance claim, such a decision would be contrary to clearly established precedent, and would be a prime example of a ground for habeas relief.
According to the judge presiding over the case, "Plaintiff[Steele] had the burden to establish the products were elated by a preponderance of the evidence.
This presumption can be rebutted if the taxpayer proves by a preponderance of the evidence that the appraiser either did not consider properly the criteria in the statute or arbitrarily used appraisal practices that are not generally applied.
The citing officer and the defendant appear before a judge - there is no right to a jury trial - and the side with the preponderance of the evidence wins, Trapp said.
The bills also specify that the length of time for which durational alimony is awarded must not exceed half of the length of the marriage unless the party seeking a longer award shows by a preponderance of the evidence that a longer award is appropriate.
Based on the evidence in the record, we find that petitioner has not met its burden of proving by a preponderance of the evidence that Glodis used or attempted to use his official position as sheriff to direct one or more of his subordinates to place Duggan on work release," reads the decision.
First, we hypothesized that the clear and convincing standard would result in fewer findings of invalidity than the preponderance of the evidence standard.
I've found by a preponderance of the evidence Stanford is competent to stand trial," The Guardian quoted judge David Hittner, as saying.