References in periodicals archive ?
The first is the legal burden of proof and it is allocated to the state in criminal law, and the plaintiff in civil cases.
They argue that if the state is going to take control from parents, it should reform the judicial bypass process to heighten the burden of proof for minors who say they cannot obtain consent.
As a result of the wide jurisdiction of SAT, the respective streams in which SAT is organised, have adopted a slightly different approach as to who bears the burden of proof and what is the required standard of proof.
13) So, for Smith JA, the burden of proof borne by the claimants is not discharged, because they have not provided evidence about the effects of the law on communities beyond the DTES, or the alternatives that might have been available to Parliament to fulfill its objectives.
24) The Court noted that the General Counsel's burden of proof is a burden of production, not persuasion, that shifts the burden of proof to the employer when satisfied.
The initial trial judge did not rule that the doctrines were inapplicable, only that the IRS failed to meet the burden of proof as to applicability.
The Commercial Code requires automobile and other damage insurance to cover ''unanticipated accidents'' in a provision generally taken to lay the burden of proof on claimants, but the Supreme Court ruled the other way in December 2004 in a fire insurance case.
Section II defines burden of proof and describes the possible burdens of proof available to military commanders.
Prior to the changes, a taxpayer contesting an IRS audit had the burden of proof to show in court that the tax deficiency was in error or that a tax refund was due.
It concluded the certified financial data the Bakers had produced was sufficient to shift the burden of proof to the service under ItLC section 7491.
The court of appeal concluded in May 2003 that Judge Hodson should not have ruled as he did and there was a burden of proof on the defendant to prove his innocence once the prosecution had charged him.
It also specified that while a citizen designated as an "unlawful combatant" can challenge that designation, the burden of proof in such a case rests on the accused.