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 ?
What we lack is knowledge and the law deals with lack of knowledge by the concept of the burden of proof [i.e., the requirement that the plaintiff demonstrate harm on the balance of probabilities.] (20) </pre> <p>And in response to Lord Nicholls's reliance on the fact that the medical world looked at things in statistical terms, Lord Hoffmann rejected the notion that the world-view and discourse of the defendant's profession or subculture was at all pertinent to whether loss-of-chance causation was available.
"The lack of compelling evidence beyond the pure anecdotal suggests that on the balance of probabilities that nothing is out there.
Coroner Philip Walters said: 'The balance of probabilities is that death was due to natural causes.'
The Court set out four requirements that must be established on a balance of probabilities in an action for prosecutorial misconduct:
"While it is not possible to state this was released by a particular Garda or any other identifiable person, there does appear to be sufficient evidence, on the balance of probabilities, that some of the detail relating the arrest emanated from within the Garda Siochana and were made available to the media in an unauthorised manner.
"On the balance of probabilities that''s what ultimately led to his sudden death."
However, judicial officer Nigel Hampton QC found that, on the balance of probabilities, Horwill could not be found guilty of an intentional or deliberate action of stamping or trampling as laid out under Law 10.4 b.
"I am therefore satisfied that on the balance of probabilities that Gareth was killed unlawfully."
In a narrative verdict at Westminster Coroner's Court, Dr Wilcox added: "I am sure a third party placed the bag, which contained Gareth, into the bath and on the balance of probabilities locked the bag.
"However, the board has undertaken a forecast review and the balance of probabilities suggests an outcome that may be below the board's previous expectations."
"On the balance of probabilities he, neither acting alone or in conspiracy with other officers, deliberately inserted song titles into his evidence," the Independent Police Complaints Commission said.
David correctly reported that Sir Philip stated: "I consider, on the balance of probabilities, that the secretary of state, if forced to make a determination, is likely to take into account gross profits from FOBTs."

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