burden of proof

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  • noun

Words related to burden of proof

the duty of proving a disputed charge

References in periodicals archive ?
However on the lesser test of the balance of probabilities, the same evidence may lead to the conclusion that whilst it was possible that Terry was challenging what he believed Ferdinand had said to him it was also possible that he had in fact used abusive and/or insulting words with reference to national origins and/or colour and/or race and that, on balance, the latter is the preferred interpretation of what happened.
Dr Straker told the court: "To return a verdict of industrial disease I must be satisfied on the balance of probabilities that the cause of death was the result of a disease caused by work.
In a narrative verdict at Westminster Coroner's Court, Dr Wilcox added: "I am sure a third party placed the bag, which contained Gareth, into the bath and on the balance of probabilities locked the bag.
I am satisfied, on the balance of probabilities, Robb had formed the intention to extract.
The letter said: "We believe the independent barrister has unearthed the truth, not given to either the investigatory or disciplinary panels, and by recommending the dismissal of one of the group as being guilty of the offence on the balance of probabilities, has cleared the others of any suspected impropriety whatsoever again on the balance of probabilities.
If they were satisfied beyond reasonable doubt that it was obscene, they would then have to consider whether the defence had established on the balance of probabilities that "the merits of this book are so high they out-balance the obscenity so that its publication is for the public good.
The judgment stated: "It was sufficient and the court is satisfied on the balance of probabilities that the defense has successfully demonstrated that the anthrax vaccine contained in lot 020 was unsafe and hazardous and could be responsible for the important symptoms reported by so many persons who received that vaccine.
After 18 months, the committee presented its findings to an in camera meeting of presbytery and recommended that "on the balance of probabilities, the complaint by Anne Vautour that she was sexually abused as a child by her father, Bruce Cossar, be substantiated.
In his ruling, Mr Justice Mitting said: "We are satisfied on balance of probabilities that if a deprivation order were to be made, the appellant (Hamza) would be made stateless.
The Complaints Committee applied the principle of the balance of probabilities in determining the complaint.
That general rule for cause-in-fact requires a plaintiff to prove on the balance of probabilities that were it not for the defendant's fault, the plaintiff would not have suffered the harm in respect of which she is claiming.
The Federal Court of Appeal unanimously decided that the Minister of Immigration had not proved on a balance of probabilities that Mr Mugesera had committed crimes against humanity or incitement to murder, hatred, or genocide.
The committee accepted it on the balance of probabilities.
On the balance of probabilities that''s what ultimately led to his sudden death.
Verdict: Natural causes on the balance of probabilities.
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