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 ?
effectively result in a standard of proof that, at least in jurors'
If the jurors construct a story (or stories (118)) for the whole case, or otherwise cognitively process the entirety while the trial progresses, and then the judge instructs on standard of proof, it might be that the jurors actually apply the standard to the whole claim or defense.
This will mean, in practice, that a very high standard of proof is required, approaching the criminal, when something like fraud is alleged in a civil case.
The Court rejected Microsoft's contention that the cases decided before Congress passed Section 282 had not uniformly applied the clear and convincing standard of proof for invalidity challenges and, therefore, that the presumption had no settled meaning at common law.
Questions about the diocese's standard of proof arose in June 2010 when Fr.
For existing cases which have already been 'opened', the criminal standard of proof will continue to apply.
The standard of proof must be beyond all reasonable doubt.
However regulatory bodies will be required to employ the lower, civil standard of proof and healthcare organisations must appoint a "responsible officer" to work with the General Medical Council on cases of poor professional performance by doctors.
The civil standard of proof "on the balance of probability" would also be used in hearings rather than "beyond reasonable doubt".
SB 747 (Machado) targeted those who plan, promote or sell abusive tax shelters and lowers the standard of proof for the FTB in proving cases against practitioners.
A tribunal will require convincing evidence of infringement, given the serious nature of the allegations and the very substantial penalties at stake, but the criminal standard of proof is not required in order for the OFT to make out an infringement.

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