burden of proof

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Related to Onus of proof: Standard of proof, Air of reality
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  • noun

Words related to burden of proof

the duty of proving a disputed charge

References in periodicals archive ?
Even where evidence has shown police unwillingness to interfere in a marital relationship and a lack of specific laws against domestic abuse in the claimant's nation of origin, claimants have failed to satisfy their onus of proof (see X (Re), 2011 CanLII 99772 (CA IRB), 2012 CanLII 94152 (CA IRB)).
Essential among its elements is the presumption of innocence, expressed in the twin rules that the onus of proof lies on the prosecution; and that proof of every element charged must be beyond reasonable doubt.
8) An important feature of adverse action cases is the reverse onus of proof.
3) If an operator does not admit to a breakdown under the criteria for measuring the troubleshooting term, the onus of proof lies with him to show that breakdown falls under sub-clauses 2 a, b, c.
Such a tribunal will still have to determine practical problems such as the sequence of receiving evidence and what to do if it is unable to reach a clear conclusion on an issue, but it is more likely to find the answer to such questions in the statutes under which it is operating, or in considerations of natural justice or common sense, than in the technical rules relating to onus of proof developed by the courts.
Being Islamists, they all know that "the onus of proof is on the accuser.
And while the whistleblower will undoubtedly be bureaucratically drawn and quartered, the onus of proof will now rest with the 'wronged party.
While the bill retains many of the provisions combating child pornography, identity theft, and cyberterrorism, it makes libel a purely civil transgression and puts the onus of proof, with stringent rules, on the authorities.
These amendments including shifting of onus of proof to the revenue department from the tax payers, appointment of independent member in the GAAR panel and permitting investors, domestic and overseas, to seek ruling from the Authority for Advance Ruling (AAR).
The onus of proof should be placed on the customer.
Personal integrity, individual rights and legal process gave way to demands to root out the disloyal and pay off old scores, Reversing the onus of proof required the accused to prove nonculpability.
Unfortunately, we have still lost the reverse onus of proof, which would force employers to prove their innocence.
In America, where we value freedom of speech, the onus of proof in his libel action is on him," the Daily Star quoted him as saying.
Precisely because this is so hard to prove, the FW Act offers what anti-discrimination law in Australia does not: a reverse onus of proof.
Compounding the paper exercises is the trend toward regulations that mandate producer responsibility and place the onus of proof on corporations.