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 ?
In a statement, Fiona McGhie, solicitor for Poppi's mother - who cannot be identified for legal reasons - said: "This is now the third time a court has found, on the balance of probabilities, that Poppi was anally penetrated prior to death and my client hopes that the CPS will take another look at this case.
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.
The FA disciplinary hearing does not adhere to the same standards of jurisprudence -- requiring only that the incidents were likely to have occurred on a balance of probabilities -- and Terry has said that the hearing leaves him with no option other than to end his England career.
Whereas the prosecution in Terry's trial had to prove his guilt beyond reasonable doubt, the FA disciplinary commission can reach verdicts purely on the balance of probabilities, a much lower burden of proof.
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.
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.
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.
Quite reasonably, decisions of this kind are based on the preponderance of evidence, also known as the balance of probabilities.
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.
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