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 ?
We agree that the POSP purports to be a legal burden of proof.
The administrative review tribunals are entirely focused on the review of administrative decisions of government departments, organs of government and/or local authorities and as a result, there is, strictly speaking, no burden of proof on an aggrieved party since the tribunal, being in the shoes of the original decision-maker, is usually required to make the correct and preferable decision in light of all of the information before it.
One way to respond to equality values in the context of the burden of proof would be to say that the court carries an obligation to attempt to place the evidence of a marginalized claimant in a context which gives it meaning, to imagine a world in which that person's claims make sense.
In Hospital Cristo, the First Circuit considered whether the General Counsel of the NLRB had met its burden of proof under Wright Line and Greenwich Collieries.
The lack of a uniform burden of proof also raises credibility questions about the equity of the nonjudicial punishment system.
The burden of proof in any case means that the party must prove the allegations brought forth by them in the complaint.
in which the California Court of Appeal quoted the following reasons from the California Law Revision Committee's comment to Section 500 of the state's Evidence Code, that a shift in the normal allocation of the burden of proof is based on consideration of a "number of factors: the knowledge of the parties concerning the particular facts, the availability of the evidence to the parties, the most desirable result in terms of public policy in the absence of proof of the particular fact, and the probability of the existence or non-existence of the fact.
A: The burden of proof on sex and race discrimination is on the respondent (the employer).
The burden of proof has always been on the antitrust enthusiasts to show that antitrust theory makes sense and that there is evidence (from the cases, presumably) that antitrust increases efficient resource allocation.
This view, which grows out of the Catholic approach to just war theory, puts such a severe burden of proof on those who would use violence that this becomes a form of "pacifism in practice.
The fact finder, who has a legal background, meets with the claimant and a stenographer and takes the claimant's story, but must apply a burden of proof similar to a court, Archdeacon Houldcroft said.