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 ?
The solicitor general, whose opinion often influences the high court, came out in favor of the clear and convincing standard.
If evidence of invalidity was not considered by the USPTO, the agency's "considered judgment may lose significant force." So a jury can be instructed that such new evidence makes it easier for a challenger to satisfy its burden of providing clear and convincing proof of invalidity.
There is no sound reason why insurance companies should not bear the burden of proving an IFPA violation by clear and convincing evidence."
Under a separate rule, interest paid to a related member also is not required to be added back if: (1) the corporation establishes by clear and convincing evidence that the deduction disallowance is unreasonable; (2) the taxpayer and commissioner agree in writing to the application of an alternative apportionment method; or (3) a principal purpose of the transaction giving rise to the expense was not to avoid Massachusetts taxes, the interest is paid pursuant to an arm's-length contract and the related member was subject to state or foreign net income tax on the income at a rate no less than the statutory rate applied to the taxpayer minus three percentage points.
Recent decisions have significantly altered the test for when agency action requires proof by clear and convincing evidence.
The Maryland statute also required a plaintiff to prove by clear and convincing evidence that the harm was the result of actual malice or fraud before punitive damages could be awarded and required a separate trial on punitive damages issues.