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 ?
One could imagine a system that did not allocate the burden of proof.
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.
As a result of the wide variety of enabling Acts (3) that give jurisdiction to SAT, a slightly different emphasis is discernable in the Tribunal's conduct of proceedings in regard to the burden of proof and the standard of proof.
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.
Because the burden of proof is so great, police have great difficulty in bringing gang members to book
1) This framework requires that the employee first prove that his or her labor union activities were a substantial, motivating factor in the discharge; then the burden of proof shifts to the employer to show that the employee's union participation was immaterial to the discharge.
The court held for the taxpayers, stating that the IRS (which, according to the parties' stipulations, had the burden of proof under Sec.
Deepak Chopra has made his name among new age circles as a leader in mind-body medicine, and his LIFE AFTER DEATH: THE BURDEN OF PROOF forges new frontiers in blending the latest physics with wisdom analysis for further enlightenment.
The bill created new penalties that could be applied to all taxpayers and changed the burden of proof from "knew" to "should have known," which is an impossibly high standard and does not conform to federal law.
The burden of proof at a preliminary examination is very low, and the vast majority -- 99 out of 100 preliminary hearings -- get held to answer.
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.
The Manual for Courts-Martial (MCM) fails to specify the required burden of proof for a commanding officer to determine guilt when administering nonjudicial punishment.