burden of proof

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Related to Onus of proof: Standard 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 ?
The reverse onus has been a feature of industrial legislation since 1904, see Anna Chapman, Kathleen Love and Beth Gaze, 'The Reverse Onus of Proof Then and Now: The Barclay Case and the History of the Fair Work Act's Union Victimisation and Freedom of Association' (2014) 37(2) University of New South Wales Law Journal 471.
Ms Soelberg bears the onus of proof and must prove her case on the balance of probabilities; Dowling v Bowie (1952) 86 CLR 136; Williams and Commissioner of Police [2005] WASAT 349 at [34].
If an employee or prospective employee complains of direct, attribute-based conduct, then the FW Act, with its straightforward causation and reverse onus of proof, is an attractive alternative to the complexity of proving discrimination under anti-discrimination law in Australia.
53) His Honour decided that it should not, on the basis that the section 'had a substantive effect upon the rights of the parties to litigation' (54) because it reversed the onus of proof and required the representor to establish that they had reasonable grounds for making the representation.
The onus of proof here must not be on Sefton council,and the other groups expressing their quite proper concerns, to establish that there is a risk to the delicate eco-systems of our precious coastlines.
The onus of proof is on the individual making the village green application to establish on a balance of probabilities that the whole of the site had been used for lawful sports and pastimes for not less than 20 years.
The onus of proof is unveiled through the courts or an entity like the National Advertising Division of the Better Business Bureau.
The onus of proof lies with the prosecution and not the defence, it says.
Perhaps most noteworthy though is the suggestion that "the onus of proof is to be reversed in favor of the insurer" (a huge departure from one of the key advantages of an "all-risks" coverage form).
As long as firewood cutting threatens 20 bird species with extinction and has serious effects on habitat structure, nutrient cycles and biodiversity, the opposite should be assumed and the onus of proof should rest with the firewood industry.
An earlier flaw in the bill, that the onus of proof rested on the individual to show they could not have provided the keys, has now been reversed: the police will have to prove the capability.