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 ?
E]vidence must always be sufficiently clear, convincing and cogent to satisfy the balance of probabilities test.
the requirement that the plaintiff demonstrate harm on the balance of probabilities.
The lack of compelling evidence beyond the pure anecdotal suggests that on the balance of probabilities that nothing is out there.
Having carefully scrutinised all of the relevant evidence, the committee concluded that, on the balance of probabilities, it was more likely than not that the Bangalore footage was not authentic.
Certainly, on the balance of probabilities, it has not been shown that she was suffering from an abnormality of mind at the time of the killing.
The committee, having carefully considered the evidence, have not been able to conclude on the balance of probabilities that Mrs Allen knew there was a child protection issue when she made the call to Pupil A's home.
Home office pathologist Dr William Lawler said he could not ascertain the cause of death but on the balance of probabilities it was due to natural causes.
But at an inquest in Pontypridd yesterday coroner Philip Walters recorded an open verdict saying the balance of probabilities was that he died of natural causes.
The Court set out four requirements that must be established on a balance of probabilities in an action for prosecutorial misconduct:
He said: "On the balance of probabilities, had Mr X received treatment earlier, it would have saved his life.
However, judicial officer Nigel Hampton QC found that, on the balance of probabilities, Horwill could not be found guilty of an intentional or deliberate action of stamping or trampling as laid out under Law 10.
I am therefore satisfied that on the balance of probabilities that Gareth was killed unlawfully.

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