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 first is the legal burden of proof and it is allocated to the state in criminal law, and the plaintiff in civil cases.
They argue that if the state is going to take control from parents, it should reform the judicial bypass process to heighten the burden of proof for minors who say they cannot obtain consent.
As a result of the wide jurisdiction of SAT, the respective streams in which SAT is organised, have adopted a slightly different approach as to who bears the burden of proof and what is the required standard of proof.
13) So, for Smith JA, the burden of proof borne by the claimants is not discharged, because they have not provided evidence about the effects of the law on communities beyond the DTES, or the alternatives that might have been available to Parliament to fulfill its objectives.
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 Commercial Code requires automobile and other damage insurance to cover ''unanticipated accidents'' in a provision generally taken to lay the burden of proof on claimants, but the Supreme Court ruled the other way in December 2004 in a fire insurance case.
Section II defines burden of proof and describes the possible burdens of proof available to military commanders.
Prior to the changes, a taxpayer contesting an IRS audit had the burden of proof to show in court that the tax deficiency was in error or that a tax refund was due.
It concluded the certified financial data the Bakers had produced was sufficient to shift the burden of proof to the service under ItLC section 7491.
The court of appeal concluded in May 2003 that Judge Hodson should not have ruled as he did and there was a burden of proof on the defendant to prove his innocence once the prosecution had charged him.
It also specified that while a citizen designated as an "unlawful combatant" can challenge that designation, the burden of proof in such a case rests on the accused.