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 ?
The immigration court shall properly allocate the burden of proof and consider alternative methods to ensure the safety of the community and Doe's future appearances like GPS monitoring."
The term "burden of proof" [in [section]90.302(2)] was intended to be used in the sense of defining which party has the burden of persuasion with regard to a particular fact..
Now, there is another way of coming at this, which you hint at in talking about an "open-ended inquiry." One could imagine a system that did not allocate the burden of proof. It would be a purely inquisitorial system in which the decision-maker was responsible for investigating and determining refugee status.
They argue that if the state is going to take control from parents, it should reform the judicial bypass process to heighten the burden of proof for minors who say they cannot obtain consent.
As a result of the wide variety of enabling Acts (3) that give jurisdiction to SAT, a slightly different emphasis is discernable in the Tribunal's conduct of proceedings in regard to the burden of proof and the standard of proof.
Fairly allocating the burden of proof is imperative because, as Justice Robert Jackson once wrote, the overreliance on theories of conspiracy in criminal law can be "a serious threat to fairness in our administration of justice."
Under these audits, because the burden of proof was one-sided, many small-business owners felt compelled to pay the DRA the 8.5 percent business profits tax (plus penalties and interest), rather than fighting it and spending weeks away from running their company and thousands of dollars in legal and accounting fees trying to prove their worth.
Central to these questions is the notion of the burden of proof. In Insite, there is no doubt, as a matter of law, that the claimants carry the burden of proof.
Since it is impossible to prove a drug is safe, the burden of proof should be placed on those who claim harm.
Because the burden of proof is so great, police have great difficulty in bringing gang members to book
Labor and Employment Law--Uncertainty Over Burden of Proof for Mixed Motive Employee Discharge--Hospital Cristo Redentor, Inc.