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 ?
I am therefore satisfied on the balance of probabilities that Gareth was killed unlawfully.
The board's confidential report states: "The board has given very careful consideration to all the evidence and finds, on a balance of probabilities that the applicant was [sexually assaulted] .
After applying the balance of probabilities, the Complaints Committee was convinced that the allegations against the member were of substantial substance.
On those findings the judge dismissed the plaintiff's claim since, on the balance of probabilities, the delay had not harmed him.
The Court concluded "Based on the balance of probabilities, M committed the proscribed acts and is therefore inadmissible to Canada by virtue of s.
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.
Anyone that chooses to be in possession of eggs is obliged to show, on a balance of probabilities, that their possession is lawful.
We look at these things on the balance of probabilities and this area of study has been ongoing for many decades.
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.
Quite reasonably, decisions of this kind are based on the preponderance of evidence, also known as the balance of probabilities.
David correctly reported that Sir Philip stated: "I consider, on the balance of probabilities, that the secretary of state, if forced to make a determination, is likely to take into account gross profits from FOBTs.
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.

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