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 ?
While the Government may argue that there are reasons for the changes unpredictable powers are needed to cope with unforeseen problems; secondary legislation is quicker and cheaper than statute law; retroactive legislation is needed to cope with fast moving situations; principles and guidelines are more useful than rigid tramlines; and changing the burden of proof is necessary to catch crooks and raise standards today s report seeks to ensure that every inroad into the rule of law is challenged and debated.
Phil King of Weatherford, who said he was part of the lawmakers who helped draft Texas' judicial bypass law in 1999, made the case for increasing the burden of proof, saying Republicans at the time wanted the proposed burden of proof but didn't have the votes to get it approved.
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.
As long as the owner can show that s/he provided actual personal services to the business, the law shifts the burden of proof from the small business owner onto the DRA.
I suggest that the full meaning of a burden of proof becomes quite complex in the context of constitutional litigation, particularly when it involves the rights of individuals and communities who are marginalized in Canadian political and legal discourse.
In the top court's first judgment on such a case involving motor-vehicle insurance, Presiding Justice Kazuko Yokoo at the first petty bench said the burden of proof lies with the insurer and sent the case back to the Nagoya High Court.
Section II defines burden of proof and describes the possible burdens of proof available to military commanders.
The appeals court affirmed, finding that once the state established that the statutory two-year period after enactment of the Prison Litigation Reform Act (PLRA) had elapsed, the inmates had the burden of proof to demonstrate that there were ongoing violations and that the relief was narrowly drawn.
Q: Who has the burden of proof in an employment tribunal in cases of sex, race and disability discrimination - will this be the same for the religion, belief and sexual orientation legislation?
Another is that--despite appeals through posthumous citizenship, army educations and jobs, and the burden of proof to show patriotism--the majority of people of color do not support war.
1971), the Florida Supreme Court held that the presumption of undue influence no longer shifted the burden of proof to the alleged undue influencer in will contests.
As a result, scale indeterminacy poses a serious problem for value-added assessment, The burden of proof is on its practitioners to show that ratings assigned to educators do not vary when alternative (but in all essential respects, equivalent) scales are used, That burden of proof has not been met.
The burden of proof has always been on the antitrust enthusiasts to show that antitrust theory makes sense and that there is evidence (from the cases, presumably) that antitrust increases efficient resource allocation.
This view, which grows out of the Catholic approach to just war theory, puts such a severe burden of proof on those who would use violence that this becomes a form of "pacifism in practice.
The fact finder, who has a legal background, meets with the claimant and a stenographer and takes the claimant's story, but must apply a burden of proof similar to a court, Archdeacon Houldcroft said.