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.
References in periodicals archive ?
Punitive damages are warranted against (employee/agent) if you find by clear and convincing evidence that (employee/agent) was personally guilty of [intentional misconduct] [or] [gross negligence], which was a substantial cause of [loss] [injury] [or] [damage] to (claimant).
Exactly what constitutes clear and convincing evidence, however, can be difficult to quantify.
proof for establishing invalidity: (1) clear and convincing evidence,
(34) Purporting to defer to the intent of the legislature, the Court found itself "in no position to judge the comparative force of [the] policy arguments" for and against maintaining the clear and convincing standard of proof, holding that "[a]ny re-calibration of the standard of proof remains in [Congress's] hands." (35) Although Congress had amended Section 282, because it had not specifically enacted a standard of proof contrary to RCA's and the Federal Circuit's interpretation that challengers must prove invalidity by clear and convincing evidence, the Court refused to infer that Congress had implicitly created a variable standard of proof for invalidity defenses.
There is no sound reason why insurance companies should not bear the burden of proving an IFPA violation by clear and convincing evidence."
The circuit court of appeals, concerned over the social costs associated with this type of litigation, imposed a heightened pleading burden on the plaintiff, requiring that the plaintiff produce "clear and convincing evidence" of the improper motive.
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.
On appeal, Cooper argued that Oklahoma's requirement of clear and convincing evidence to establish incompetency was sufficiently burdensome to violate his right to due process of law.(92) The Oklahoma Court of Criminal Appeals rejected this claim, upholding Oklahoma's statute on the basis that "[t]he State has great interest in assuring its citizens a thorough and speedy judicial process ...
The director of the state agency may overturn the impartial hearing officer's decision, but only based on clear and convincing evidence that the decision is clearly erroneous on the basis of being contrary to Federal or State law, including policy (1992 Amendments, 123(d)(2)).
According to Judge Gesell, a firm found employing both legal and illegal (discriminatory) criteria in its personnel decisions must prove by "clear and convincing evidence" (not just by the "preponderance of the evidence") that the same decisions would have been made had no bias been present.
The defendant has the burden of proving the defense of insanity by clear and convincing evidence. Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
Since the courts in the Schiavo case maintained there was "clear and convincing evidence" that Terri Schindler-Schiavo would have rejected nutrition and hydration, how would the proposed bill save her life?