Burden of Proof

(redirected from Clear and convincing evidence)
Also found in: Dictionary, Thesaurus, Medical, Legal, Financial, Wikipedia.

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 ?
167) Thus, justice Stevens correctly asserted that while Oklahoma did have the right to determine its criminal burdens and procedures, the clear and convincing evidence standard that it imposed violated a defendant's fundamental right to a fair trial.
Interest and intangible expenses/ costs directly or indirectly paid to a related member are not required to be added back if: (1) the corporation proves by a preponderance of the evidence that, during the same tax year, the related member paid or accrued the expenses to an unrelated member and the transaction giving rise to the expense did not have as a principal purpose the avoidance of Massachusetts tax; (2) the corporation establishes by clear and convincing evidence that the adjustment is unreasonable; or (3) the taxpayer and commissioner agree in writing to the use of an alternative apportionment method.
Supreme Court argues that the standard of proof required for an in terrorem findings of attorney misconduct is clear and convincing evidence, a favorable ruling will also affect other licensed professional fiduciaries accused of professional misconduct such as accountants, physicians, securities dealers and teachers.
The first phase, before a jury, will begin on August 12 and will address whether Computer Motion can show that the 984 patent is invalid by clear and convincing evidence, and if not, the amount of damage that its infringement has caused.
There is clear and convincing evidence that Lewis committed the acts that are the subject of both indictments.
In particular, the environmental, chemical, and medical samples we have collected provide clear and convincing evidence that surface-to-surface rockets containing the nerve agent sarin were used," the report said.
invalidity must be proven "by clear and convincing evidence.
The party asserting that a patent is invalid must prove its case by clear and convincing evidence.
Separately, the Appellate Court panel concluded that the burden of proof under IFPA was a clear and convincing evidence standard.
Justice Pariente said, "If you look at what the Supreme Court and the jury did in the Cruzan case, they decided that the testimony of a neighbor was not clear and convincing evidence of the person's wishes.
As we held in Part I of this opinion, the Court of Judiciary had before it clear and convincing evidence that Chief Justice Moore violated Canons 1, 2A, and 2B of the Canons of Judicial Ethics, as charged in the complaint filed by the Judicial Inquiry Commission, by willfully, refusing to obey a lawful and binding order of a federal court, the justices wrote in Roy S.
I found that he was deserving of 20 years in prison, and he is likely to reoffend by clear and convincing evidence.