Burden of Proof

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Related to Preponderance of evidence: burden of proof, Clear and convincing evidence

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 ?
military regulations based on Article 5 of the Third Geneva Convention call for battlefield review of questionable detentions by a panel of officers applying a preponderance of evidence standard, (47) and in her plurality opinion in Hamdi, Justice O'Connor pointed favorably toward these standards as a model that might satisfy due process.
Braithwaite (2002) asserts that the preponderance of evidence supports the notion that if people who are willing to acknowledge the existence of a problem come together and offer suggestions about what needs to be done about it, and participate in shaping the plan, they are then considerably more likely to comply with that plan, even when its design is to regulate their own behavior.
Although the 1991 act required plaintiffs to provide a preponderance of evidence, some courts had continued to adhere to Justice Sandra Day O'Connor's assertion in Price Waterhouse v.
Speaking objectively one could safely say that the preponderance of evidence suggests that there is no connection between this particular injection and the autism the mother feared could follow.
While the preponderance of evidence appears to indicate that elements of the Indonesian Army were responsible for the crime, we cannot make any definitive judgments until the investigative process is complete.
There is a presumption of correctness as to the trial court's findings of fact, unless the preponderance of evidence is otherwise.
POE is a genealogist's abbreviation for the Preponderance of Evidence principle so familiar to, and well used by a generation of researchers.
Theorist Stun Woosley of the University of California, Santa Cruz, who helped develop the collapsar model, says that regardless of which model ultimately wins out, "the preponderance of evidence now shows that gamma-ray bursts accompany and are a direct consequence of the deaths of massive stars" and thus the birth of black holes.
But "though no one study can establish that trade openness has unambiguously helped the representative Third World economy," they write, "the preponderance of evidence supports this conclusion.
12, 2000) ("The defendant bears the burden of showing by a preponderance of evidence that he was deprived of the right of effective counsel.
And because the preponderance of evidence comes from those who sinned, the reader has to exercise a discipline of her own to remember that all these couplings in the haystacks, alehouses, highways and biways of rural Scotland were in fact grossly atypical experiences.
Challenging Sprawl is actually a compilation of articles, white papers, and outlines that builds a case for smart growth through a preponderance of evidence.