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 ?
I think that the POSP puts the legal burden on a claimant to make out a well-founded fear of being persecuted on a standard of proof of reasonable chance or serious possibility.
Australian Competition and Consumer Commission v Universal Sports Challenge Ltd ('Universal Sports') was the first case in which serious attention was paid to the possibility that s 51A(2) does not place the legal burden of proving reasonable grounds on the representor.
The legal burden is on the operators of Web sites to restrict access by "requiring use of a verified credit card, debit account, adult access code, or adult personal identification number.
He gives a clear explanation of how the legal burden of proof initially and ultimately falls on the faculty member charging discrimination.
He warned that owners who believe they have passed along this burden through their contract on net leased property could still be sued and their insurance company involved since the legal burden is on the owner.
Why are two of the four mining companies willing to shoulder the legal burden of the appeal, when all stand to benefit equally if the appeal prevails?
In the 1972 law creating the Consumer Product Safety Commission, Congress put on distributors and retailers the same legal burden of disclosure it put on manufacturers: Each and every one who obtrains information "which reasonably supports the conclusion that such product .
Ultimately, you will bear the costs and the legal burden of whatever Congress mandates next year.
Lord Chief Justice Sir Declan Morgan ruled: "Where the information was within the appellant's knowledge it was clearly more appropriate to place the legal burden on him.
Government needs to play its part by finally delivering on its pledge to reduce the heavy legal burden of care proceedings and ridiculous bureaucracy which causes huge delays that can put some people off adopting altogether.
But it's unclear whether the county will argue that or any position in court or let Stotter and the neighboring property owners carry the legal burden.
THIS LEGAL BURDEN ONLY GOT MORE EXPENSIVE WITH THE ADVENT OF AIRLINES AND HIGHWAYS, AND RAIL SERVICE DETERIORATED GREATLY AS A RESULT.