Burden of Proof

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Related to Burden of persuasion: 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 ?
Case law readily acknowledges the government's obligation to carry the burden of persuasion with regard to validity of copyright rights in a criminal prosecution.
In going from discussing the burden of production to explaining the academic view of the burden of persuasion, I need to use a different diagram, one that represents the internal thought process of the fact-finder in ultimately weighing the evidence.
Montana's rule did not shift the burden of persuasion, but by
44) Indeed, since the late nineteenth century, the Supreme Court has repeatedly addressed the question of when a jurisdiction may require the criminal defendant to assume a burden of persuasion at trial.
153) Once all the burdens of production are met, the overall burden of persuasion, however, remains on the plaintiff.
Guidelines is that the burden of persuasion is allocated to the
The Katz decision shifted the burden of persuasion to those wanting to wiretap, forcing them to obtain a prior warrant and encouraged them to seek redress through legislative compromise.
Applying Skidmore here would place the burden of persuasion on the agency to convince the court of the meaning of the relevant statute.
They, along with other tax experts, point out the vast state of confusion over the government's presumption of correctness and the difference between the taxpayer's burden of going forward, as distinct from the burden of persuasion.
As with any civil right, the burden of persuasion should remain with the proponent of legislation that restricts or burdens the right to keep and bear arms, rather than, as with ordinary legislation, on the opponent.
If the employer carries this burden, the plaintiff must meet the ultimate burden of persuasion that the reasons offered by the employer are a pretext for discrimination.
Petitioners bear a heavy burden of persuasion in challenging Proposition 8 - a duly enacted constitutional amendment - in light of the great weight that the California Constitution affords to the will of the people," the brief asserts.