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 ?
Rather than re-imagining a world in which the claimants' lives are marginal to Canadian public life, interpreting the burden of proof through an equality lens has the potential to place their reality at the heart of the analysis.
A burden of proof "represents an attempt to instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication.
12) The will was declared void for undue influence because the chief beneficiary failed to meet his burden of proof.
Burden Of Proof, who acts as lead horse to the Ballydoyle three-year-olds, made a successful reappearance in the Amethyst Stakes (Listed) at Leopardstown last month.
The new law, as I read it, would mean that the burden of proof shifts back to the taxpayer, should the taxpayer exercise the right not to attend a conference and choose instead to send a representative in her place.
The Internal Revenue Service Restructuring and Reform Act of 1997 contains within it a Taxpayer Bill of Rights 3, with one of the provisions turning the traditional taxpayer burden of proof on its head.
Moreover, as discussed later, shifting the burden of proof to the service suppliers will have the detrimental effects of amount of insurance bundled in service prices and of decreasing the quantity of services demanded.
But a dramatic order by the court shifted part of the burden of proof onto Britain.
The author argues that the burden of proof for the safety and efficacy of some medical devices properly lies with the manufacturers of the devices and with the providers who use them.
Groner notes that the court's decision was "technically correct," in that Elizabeth had to prove abuse had occurred to stop the visits, and if the evidence was evenly balanced, she had not met her burden of proof.
Among those changes that Aldis will discuss at the roundtable include the Burlington Northern decision recently passed down by the Supreme Court which imposes a lesser burden of proof on plaintiffs with regard to employer retaliation cases.