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 ?
Thus, when you say (accurately) that "the POSP is a legal presumption that allocates the burden of proof to the claimant to establish the elements of the refugee claim," you are right--that's exactly what it does, and at a high level.
While the Government may argue that there are reasons for the changes unpredictable powers are needed to cope with unforeseen problems; secondary legislation is quicker and cheaper than statute law; retroactive legislation is needed to cope with fast moving situations; principles and guidelines are more useful than rigid tramlines; and changing the burden of proof is necessary to catch crooks and raise standards today s report seeks to ensure that every inroad into the rule of law is challenged and debated.
During the debate on the burden of proof amendment, Republican state Rep.
As a result of the wide variety of enabling Acts (3) that give jurisdiction to SAT, a slightly different emphasis is discernable in the Tribunal's conduct of proceedings in regard to the burden of proof and the standard of proof.
Fairly allocating the burden of proof is imperative because, as Justice Robert Jackson once wrote, the overreliance on theories of conspiracy in criminal law can be "a serious threat to fairness in our administration of justice.
I think it is useful to read the judgments on arbitrariness in Insite through this lens because it helps to explain what is important and interesting about the case, and also because it provokes some questions for further thinking about the meaning of the burden of proof.
Since it is impossible to prove a drug is safe, the burden of proof should be placed on those who claim harm.
Because the burden of proof is so great, police have great difficulty in bringing gang members to book
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 bill created new penalties that could be applied to all taxpayers and changed the burden of proof from "knew" to "should have known," which is an impossibly high standard and does not conform to federal law.