burden of proof

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Related to Preponderance of the evidence: Clear and convincing evidence, proof beyond a reasonable doubt

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 ?
The appeals officer on the matter told Gubser that the IRS could prove willfulness by a preponderance of the evidence, but not by clear and convincing evidence, and asked for guidance regarding the proper standard of proof.
(70) Like Harvard Law School's revised policy, the findings of fact will be made using a "preponderance of the evidence" standard, meaning that it is more likely than not that the allegations are true.
However, there may be sufficient evidence of the use of excessive force to sustain a violation of departmental rules and regulations based upon the preponderance of the evidence.
(21) Under this program, individuals may receive compensation according to the Vaccine Injury Table, which "lists and explains injuries or conditions that are presumed to be caused by vaccines." (22) Alternatively, individuals may receive compensation under the NCVIA if they demonstrate by a preponderance of the evidence that the vaccine did in fact cause injury.
The bill also would have specified that the length of time for which durational alimony was awarded could not exceed half of the length of the marriage, unless the party seeking a longer award showed by a preponderance of the evidence that a longer award was appropriate.
litigation: (1) preponderance of the evidence, and (2) clear and
But the preponderance of the evidence suggests that the satellite failed either during the ascent or shortly afterwards," he added.
Hartwig says that while ACC clauses may exist in some policies, the purpose is to make clear that when the preponderance of the evidence is that loss was caused by flood water, insurers will not be held responsible for a loss they do not insure.
The Judge did not however find her guilty of three counts of economic espionage for the benefit of China and its military, although he found by a preponderance of the evidence, that Jin "was willing to betray her naturalised country," according to the department.
The evidentiary standard for doing so is the preponderance of the evidence (i.e., more likely than not).
(64) The majority of the circuits have adopted the "preponderance of the evidence" test, with only the Third and Ninth Circuits utilizing the "legal certainty" test.
(4) The clear and convincing evidentiary standard is higher than the "preponderance of the evidence" standard commonly used in civil cases, but lower than the "beyond a reasonable doubt" standard for criminal cases.