burden of proof

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Related to Evidentiary burden: Preponderance of evidence, Standard of proof, Onus of proof, Air of reality

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 ?
A comparison with trademarks illustrates the significantly higher evidentiary burden that is required for the enforcement of trade secrets.
at 368 ("Due to the high evidentiary burden in China, written agreements are vital in protecting trade secrets and confidential information.
C (discussing high evidentiary burden and traps in the enforcement process).
If the MNC does not have a licensing agreement with a detailed written record of the trade secrets, the MNC will likely face higher evidentiary burdens in order to satisfy the demands of Chinese authorities that the MNC prove that it owns trade secrets.
The only evidentiary burden that the Court noted is that the defendant must only raise an inference to establish a prima facie case.
172) This evidentiary burden is very high, as demonstrated by the fundamental, durable, and effective protection standards required.
Kneebone and O'Sullivan note that UNHCR's interpretation of the evidentiary burden required to invoke Article 1C(5) is supported by many academic commentators.
While Australia and Germany seem to establish contrary evidentiary burdens, that case law reflects individual status hearings and not group mandated repatriation.
If so, the claimant will fail to meet the evidentiary burden set forth in F.
patent system, the Court should not use evidentiary burdens of proof as a means to intervene in this ongoing legislative debate.
The evidentiary burdens imposed on public officials were enlarged.
13] Thus, for most government regulatory enforcement actions, the states' and federal government's evidentiary burdens have not changed.