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).
107 Burden of proof
in contests; presumption of undue influence
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.