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 ?
"Under this standard, Doe has shown prejudice from the misallocation of the burden of proof at his custody redetermination hearing.
Professor Ehrhardt gives this explanation of how burden of proof presumptions operate:
Similarly, I think the POSP is a legal presumption that allocates the burden of proof to the claimant to establish the elements of the refugee claim.
During the debate on the burden of proof amendment, Republican state Rep.
But when pressed to explain why the burden of proof could not be reversed in this bill, when it had been reversed in a previous bill on copyright, he offered that despite the committee's pro-reversal position, the Law Service was adamant that in the context of Cyprus law such reversal was not possible.
If a claim is made for an item subject to a law restricting its possession or sale, then I strongly disagree with the reader's assertion that the burden of proof rests with the carrier to prove the illicit nature of the item.
It is generally accepted that in administrative review proceedings, there is no burden of proof, (2) while, on the other hand, in civil and commercial disputes, the burden of proof rests on the applicant.
In particular, the ECJ stated that the burden of proof does not require evidence, which is impossible to adduce without interfering with the right to privacy.
Smith must bear the burden of proof since it has already demonstrated that he was part of the conspiracy at one point and that the conspiracy continued.
As difficult and painful as an IRS audit can be, the process does provide a degree of fairness because both sides are held to the same burden of proof. In New Hampshire, it hasn't been working this way, the only burden of proof was on the taxpayer--the small business owner.
With the goal of inviting discussion, I suggest that in cases involving the constitutional rights of marginalized individuals and communities, the concept of the "burden of proof" can provide a way to help understand what is at stake, and what criteria we might use to relate the burden of proof to values of equality and justice.
I believe the uniquely libertarian position is that those who claim harm have the burden of proof. Activists, government agencies, and the courts have tried to subvert this legal requirement of the criminal and civil justice systems for decades by imposing regulatory schemes that require actors to prove they are not harming others.
This legislation revises the burden of proof in challenges to the value used for ad valorem tax assessments.
He urged the government to reverse a ban on taking action against gang members in the civil courts, where the burden of proof is not so great.