Burden of Proof

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Related to Preponderance of the evidence: Clear and convincing evidence, proof beyond a reasonable doubt

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 ?
A party seeking alimony would have to prove by a preponderance of the evidence that alimony should be awarded.
evidence (highest burden) and preponderance of the evidence (lowest
37) In keeping with the Congressional deference to petitioners, the court in Althen also confirmed that the NCVIA employs a preponderance of the evidence standard for off-Table injuries.
The "legal certainty" standard is significantly higher than the preponderance of the evidence standard.
Even if the presumption of patent validity merits using a higher evidentiary standard than a preponderance of the evidence, the clear and convincing standard should not apply to patents where the prior art was not before the PTO.
Next, the Court examines the Appellee's inability to prove by the preponderance of the evidence that the arrest warrant provided by the Greek government did not satisfy the Treaty's requirement of a "duly authenticated warrant" sufficient to show that he was charged with a crime covered by the United States--Greek Treaty.
76) For example, in several states, such as Alaska, California, Louisiana, Massachusetts, Mississippi, and Wisconsin, the presumption may be rebutted by a preponderance of the evidence.
Moreover, in adopting this elevated burden of proof, the court ignored the settled principle that the default burden of proof in civil actions should be the preponderance of the evidence standard.
The majority of federal circuit courts hold that in either of these two situations, the removing defendant must establish by a preponderance of the evidence that the federal amount in controversy requirement is satisfied.
1) The parents must establish by a preponderance of the evidence that, since the appointment of the guardian, the circumstances of the minor or parent have materially changed.
Rather, he must prove liability by a preponderance of the evidence.
This study and the preponderance of the evidence support the notion that the overall risk of stent thrombosis (clots) with DES does not translate into higher mortality in these patients," the researchers concluded in the Journal of the American College of Cardiology.