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 ?
Gubser then sought a declaratory judgment in the District Court for the Southern District of Texas, asking the court to declare that the IRS must prove willfulness by clear and convincing evidence.
Generally, the clear and convincing evidence standard requires more than mere testimonial evidence; it requires corroborating documentary evidence.
2) clear and convincing evidence with an i4i-type instruction regarding
23) According to the court, Federal Circuit precedent and the Supreme Court's decision in KSR did not change the burden of proving invalidity by clear and convincing evidence.
There is no sound reason why insurance companies should not bear the burden of proving an IFPA violation by clear and convincing evidence.
10) Proof by clear and convincing evidence is required only when an agency seeks to take "penal" action against a licensee or permittee.
On appeal, Cooper argued that Oklahoma's requirement of clear and convincing evidence to establish incompetency was sufficiently burdensome to violate his right to due process of law.
Weinstock asserts that because of the importance of the interest involved, due process requires clear and convincing evidence of professional misconduct.
Connecticut: For tax years beginning after 1998, corporations must add back to Federal taxable income interest and intangible expenses/costs directly or indirectly paid to related members, unless the corporation: (1) establishes by clear and convincing evidence that the adjustments are unreasonable; (2) establishes by a preponderance of the evidence that the transaction did not have as a principal purpose the avoid ante of tax and during the same tax year, the related member paid the expense to an unrelated person; or (3) agrees in writing with the commissioner to the use of an alternative apportionment method; see P.
The district attorney made it clear that he had no intention of investigating Belmont unless someone handed him clear and convincing evidence that criminal misdeeds were committed.
The judge ruled that as a general rule the courts favor the free and unencumbered use of property by its owner and that the party seeking to enforce a restriction on that use (here the plaintiffs who are seeking to enforce an easement over the property) must prove by clear and convincing evidence the existence of such restriction (the easement).
It contains provisions requiring claimants seeking punitive damages to establish by clear and convincing evidence that any harm done was the result of intentional or malicious misconduct involving a conscious intent to cause injury.