Burden of Proof


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Burden of Proof

 

(Latin, onus probandi), in legal procedure, the rule by which the obligation to prove particular circumstances of a case is distributed among participants in the case. Under socialist law the distribution of burden of proof reflects the competitive nature of the judicial process and activates the court’s routine.

The law of the USSR establishes that each party in a civil trial must prove the circumstances on which he relies in substantiating his claims or defense. For example, the plaintiff must prove the circumstances constituting the grounds of the suit and the facts attesting to the defendant’s violation of his rights; the defendant must prove the grounds of his defense. In each specific case the scope of facts subject to proof by those participating in the case is determined by the norms that regulate the particular legal relationship (for example, in a suit for redress of an injury the burden of proof in showing the absence of guilt falls on the defendant). In suits relating to various types of contracts, the responsibility for proving violation of an obligation rests with the creditor; the debtor must prove the facts that confirm the fulfillment of his obligations. The court has the right to direct persons participating in the trial to submit additional evidence, and it may, on its own initiative, gather evidence to determine the true relationship between the parties. In a criminal trial, the law prohibits the court, procurator, investigator, or the person who conducted the inquiry from transferring the burden of proof to the accused.

The term “burden of proof is used in bourgeois civil procedure. This burden falls entirely on the parties, and the court plays no active part in questions of proof.

References in periodicals archive ?
They argue that if the state is going to take control from parents, it should reform the judicial bypass process to heighten the burden of proof for minors who say they cannot obtain consent.
13) So, for Smith JA, the burden of proof borne by the claimants is not discharged, because they have not provided evidence about the effects of the law on communities beyond the DTES, or the alternatives that might have been available to Parliament to fulfill its objectives.
The lack of a uniform burden of proof also raises credibility questions about the equity of the nonjudicial punishment system.
The Employment Equality (Sexual Orientation) Regulations 2003, which came in to force on 1 December 2003 and the Employment Equality (Religion and belief) Regulations 2003 on the 2 December 2003 places the burden of proof on the respondent.
2) The presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss.
The reversal of the burden of proof will do nothing to stem the tide of unfounded tribunal cases.
The ordinary juror could be misled into thinking that the burden of proof is to a "reasonable certainty" yet, immediately following that phrase another seemingly contradictory aspect of the burden of proof; "by the grater weight of credible evidence is used.
The Earth Charter gives would-be regulators a standard: "Place the burden of proof on those who argue that a proposed activity will not cause significant harm.
Congress allows the FDA to act if a supplement poses a "significant and unreasonable risk," noted Kessler, but "the burden of proof lies with the FDA.
This puts the burden of proof on the accused, rather than in the case of a criminal offence where the burden of proof of guilt lies with the prosecution.
She is concerned that "the effect of the regulation will be to shift the burden of proof from the Commission to establish the need for CR-packaging to a drug manufacturer to prove the lack of such need.
The substitute affords additional protection for doctors who prescribe controlled drugs for pain relief by significantly raising the burden of proof before a practitioner's Drug Enforcement Administration (DEA) registration can be revoked for intentionally causing death.