burden of proof

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Related to Clear and convincing: Standard of proof

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.
References in periodicals archive ?
Because the USPTO hadn't known this, Microsoft argued, the clear and convincing standard should not apply.
Microsoft appealed to the Federal Circuit, but the panel upheld the Connell rule--that the clear and convincing standard applies to all evidence of invalidity.
those penalties in their totality are more than the equivalent of punitive damages, which by statute must be proved by clear and convincing evidence.
Interest and intangible expenses/ costs directly or indirectly paid to a related member are not required to be added back if: (1) the corporation proves by a preponderance of the evidence that, during the same tax year, the related member paid or accrued the expenses to an unrelated member and the transaction giving rise to the expense did not have as a principal purpose the avoidance of Massachusetts tax; (2) the corporation establishes by clear and convincing evidence that the adjustment is unreasonable; or (3) the taxpayer and commissioner agree in writing to the use of an alternative apportionment method.
Applicants for permits or licenses have the burden of demonstrating entitlement thereto by a preponderance of the evidence.(10) Proof by clear and convincing evidence is required only when an agency seeks to take "penal" action against a licensee or permittee.(11) Until 1996, only when an agency action may have resulted in revocation or suspension of a license did Florida courts hold that a "loss of livelihood" would result and property rights would be significantly infringed upon, requiring proof by clear and convincing evidence.
In some cases, higher standards of proof are required, such as the necessity that plaintiffs prove all material allegations by clear and convincing evidence.