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Topic: Burden of proof

Related Topics

Standard of proof

Beyond a reasonable doubt

Clear and convincing evidence

Presumption of innocence

Prima facie

Contempt of court

Negligence

Fallacy

Jurisprudence

Pentagon Papers

Contingent valuation

Civil law

Horn clause

Statistical survey

Preference

	Shifting the Burden-of-Proof Rules in Federal Tax Cases
		One of the law’s provisions shifted the burden of proof from the individual taxpayer to the IRS in the U.S. Tax Court, the federal district courts, or the Court of Federal Claims.
		The burden of persuasion requires the party to establish the merits of the claim by a preponderance of the evidence.
		For the IRS to have the burden of proof in a tax case, certain conditions or contingencies must first be met by the taxpayer.
	www.nysscpa.org /cpajournal/2005/805/essentials/p50.htm (2011 words)

	Encyclopedia: Burden of proof
		Burden of proof is one of the most important issues in litigation, and in criminal cases it is closely linked with the presumption of innocence - the principle in most modern legal systems that an accused person is "innocent until proven guilty".
		The burden of proof must be distinguished from the "burden of going forward," which simply refers to the sequence of proof, as between the plaintiff and defendant.
		The burden of proof is the obligation on a party to establish the facts in issue in a case to the required degree of certainty (the standard of proof) in order to prove their case.
	www.nationmaster.com /encyclopedia/Burden-of-proof (1654 words)

	Burden of proof - Wikipedia, the free encyclopedia
		A legal burden or a burden of persuasion is an obligation that remains on a single party for the duration of the claim.
		The standard of proof is the level of proof required in a legal action to convince the court that a given proposition is true.
		This is a lesser requirement than "proof beyond a reasonable doubt" which requires that the trier of fact be all but certain of the truth of the matter asserted, but a stricter requirement than proof by "preponderance of the evidence," which merely requires that the matter asserted seem more likely true than not.
	en.wikipedia.org /wiki/Burden_of_proof (1423 words)

	Burden of proof: Just the facts... (Site not responding. Last check: 2007-10-22)
		The standard of proof is the level of proof (A formal series of statements showing that if one thing is true something else necessarily follows from it) required in a legal action to convince the court (An assembly (including one or more judges) to conduct judicial business) that a given proposition is true.
		In jurisprudence (The branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do), the burden of proof is the concept of holding one party to a dispute or one side of a debate responsible for producing a prima facie case.
		In civil law (The body of laws established by a state or nation for its own regulation) cases, the "burden of proof" requires the plaintiff to convince the trier of fact (whether judge or jury) of the plaintiff's entitlement to the relief sought.
	www.absoluteastronomy.com /encyclopedia/b/bu/burden_of_proof.htm (1164 words)

	Burden of proof Article, Burdenproof Information (Site not responding. Last check: 2007-10-22)
		Burden of proof is one of the most important issues in litigation, and incriminal cases it is closely linked with the presumption of innocence - the principle in most modern legal systems that an accused personis "innocent until proven guilty".
		In practice, the question of who has burden of proof usually does not change the outcome of a case, because prosecutors rarelybring cases which are marginal enough so that who has burden of proof makes a difference.
		Outside a legal context, "burden of proof" means that someone suggesting a new theory or stating a claim must provide evidenceto support it: it is not sufficient to say "you can't disprove this".
	www.anoca.org /legal/case/burden_of_proof.html (367 words)

	"Burden Of Proof" Defined
		BURDEN OF PROOF - The obligation of a party to prove his allegations during a trial.
		This phrase is employed to signify the duty of proving the facts in dispute on an issue raised between the parties in a cause.
		In criminal cases, as every man is presumed to be innocent until the contrary is proved, the burden of proof rests on the prosecutor, unless a different provision is expressly made by statute.
	www.lectlaw.com /def/b064.htm (225 words)

	The University of Chicago Magazine: December 2000, Features
		Proof is a heartbreaking drama hiding behind a thin gauze of mathematical theory.
		This emotional involvement of the mathematician with his work fed into the characters of Catherine and her father in Proof, giving the audience a sense of the fine line between madness and genius, showing that obsessive math is not done by geeks, but by passionate people who feel as much as they think.
		When Proof opened for its three-month run last May, it was praised by the critics and sold out through the season, paving the way for a move to the big stage.
	magazine.uchicago.edu /0012/features/proof.html (2144 words)

	Burden of Proof
		Woolmington v DPP is that the burden is on the prosecution to prove the facts essential to their case.
		The criminal standard of proof on the prosecution is proof beyond all reasonable doubt, which means proof to a high degree of probability but not proof beyond a shadow of a doubt.
		The criminal standard of proof on a defendant is the same as the civil standard, i.e., proof on the balance of probabilities.
	www.forensicmed.co.uk /burden_of_proof.htm (536 words)

	1.19 BURDEN OF PROOF - CLEAR AND CONVINCING EVIDENCE
		With regard to (state here the factual issue(s) to be proved) it is the obligation of (state here the party or parties upon whom the burden of proof rests) to prove those allegations by clear and convincing evidence.
		The clear and convincing standard of proof requires that the result shall not be reached by a mere balancing of doubts or probabilities, but rather by clear evidence which causes you to be convinced that the allegations sought to be proved are true.
		Clear and convincing establishes a standard of proof falling somewhere between the traditional standards of "preponderance of the evidence" and "beyond a reasonable doubt." It is an exception to the rule requiring proof by a preponderance of the evidence in civil cases and proof beyond a reasonable doubt in criminal cases.
	www.judiciary.state.nj.us /civil/charges/119.htm (1062 words)

	Burden of Proof for a DWI
		The Burden of Proof for a Texas DWI
		So lets talk about the state's burden of proof in a Texas DWI (also known as DUI) and see what that could mean to you.
		The next highest burden of proof is called a preponderance of the evidence.
	www.texas-dui-attorney.com /burden_of_proof.html (641 words)

	Cooper, Human Rights and the Legal Burden of Proof, [2003] 3 Web JCLI
		It was held that a statute may place a legal burden of proof on a defendant, despite Article 6(2), in pursuit of a legitimate aim so long as the nature of the burden is proportionate to the aim to be achieved.
		Clarke LJ and Jack J (Henriques J dissenting) concluded that imposing a legal burden of proof upon the accused was a disproportionate response to the aim and objective of the statute.
		It was held that the section imposed a legal burden on the defendant justified, in particular, by the difficulty that enforcement authorities would face in proving the absence of a reasonable belief should the burden be on the prosecution.
	webjcli.ncl.ac.uk /2003/issue3/cooper3.html (3423 words)

	Fair Housing Fact Sheet: Allocating the Burden of Proof in Disability Cases Under the Fair Housing Act
		In the request, a person with a disability must provide proof that he or she has a covered disability, but need not disclose a diagnosis or provide a full medical history to the landlord or zoning board.
		(1) Proof that the accommodation offered by the person with a disability is unreasonable; i.e., the accommodation would pose an “undue burden” on the landlord or result in a “fundamental alteration” of the landlord’s provision of housing.
		The court decided that the tenant had enough proof to show that her mobile home park had not allowed her a reasonable accommodation as she had her lawyer write requests to the park and had offered to buy extra insurance for risks involved with the accommodation.
	www.bazelon.org /issues/housing/infosheets/ReasonableAccommodation.htm (3656 words)

	The Burden of Proof (This Rock: October 2003)
		The burden of proof is a concept also employed in debating, where the standard principle is that the side that "takes the affirmative" must shoulder the burden of proof.
		Sometimes to defend the claim that they should not have the burden of proof, atheists appeal to a concept known as "the universal negative." A universal negative is a claim that nothing of a particular sort exists.
		But recognizing that the burden of proof does not simply rest with one side or the other—recognizing the true complexity of the discussion—can save an awful lot of time and emotional energy that otherwise would be wasted in wrangling over who has to prove what to whom.
	www.catholic.com /thisrock/2003/0310bt.asp (2308 words)

	spiked-liberties \| Article \| Don't ease the state's burden of proof
		The burden of proof in modern criminal justice systems - where the prosecution must prove 'beyond reasonable doubt' that the defendant is guilty before the defendant can be convicted and punished - has found itself in the dock.
		Blunkett proposed lowering the burden of proof from the criminal law's exacting need to prove guilt beyond reasonable doubt to what is acceptable in civil cases - the 'balance of probabilities' (2).
		Blair and Blunkett's proposals to ease the burden of proof for the most serious crimes, such as drug-trafficking or terrorism, would mean making it easier to convict in cases that can result in the highest punishments, such as 10 or 15 years' imprisonment.
	www.spiked-online.com /Articles/0000000CA3F8.htm (814 words)

	Atheism, Agnosticism, and Burden of Proof
		You have probably heard the term “burden of proof” used in courtroom settings, often in the context of a criminal trial where the accused is innocent until proven guilty.
		While his interpretation of burden of proof lets in his leprechauns, it does so at the price of letting in an unimaginably large army of other bizarre creatures from the depths of human imagination and mythology.
		We’ve also suggested that this latter state is due either to ignorance of the claim (no burden of proof) or to an assessment that the probability of its being true is around 50% (carries a burden of proof).
	www.freethoughtdebater.com /atheismvtheism.htm (3864 words)

	CLE: Analysis: Dealing with the Burden of Proof — Proving or Disproving that Abuse Occurred
		It is clear that the plaintiff bears the burden of proof with respect to the allegation of sexual abuse.
		In the case of arson, it is clear that the insurer bears the burden of proof with respect to the allegation.
		We have outlined the standard of proof earlier, and, given the seriousness of the allegations, it is clear that the court must be very sure in these cases.
	www.cle.bc.ca /CLE/Analysis/Collection/04-5154104-sexualtorts (5391 words)

	Mission: Critical (Burden of Proof)
		In claiming that his sister was abducted by aliens, he carries a much greater burden of proof, because we normally consider alien-abduction stories as incredible; as a result, it is up to Mulder to produce proof of his claim.
		The fallacy occurs whenever someone shifts the burden of proof to avoid the difficulty of substantiating a claim which would be very difficult to support.
		Instead, the prosecutor is attempting to shift the burden of proof here, suggesting that the defendant must prove her innocence or be found guilty.
	www.sjsu.edu /depts/itl/graphics/adhom/burden.html (1026 words)

	Fallacy: Burden of Proof
		Burden of Proof is a fallacy in which the burden of proof is placed on the wrong side.
		Another version occurs when a lack of evidence for side A is taken to be evidence for side B in cases in which the burden of proof actually rests on side B. A common name for this is an Appeal to Ignorance.
		Claim X is presented by side A and the burden of proof actually rests on side B. Side B claims that X is false because there is no proof for X. In many situations, one side has the burden of proof resting on it.
	www.nizkor.org /features/fallacies/burden-of-proof.html (338 words)

	U.S. Supreme Court Agrees to Hear Burden of Proof Case (February 22, 2005) - Wrightslaw News
		This decision assigns the burden of proof to the party who initiates a special education due process hearing.
		To avoid this problem, Congress provided a number of procedural safeguards for parents, but assignment of the burden of proof to school systems was not one of them.
		These parents are not typical, and any choice regarding the burden of proof should not be made in the belief that they are.
	www.wrightslaw.com /news/05/supct.cert.burden.proof.htm (516 words)

	Burden of proof
		Court of Appeal strengthens guidelines on the burden of proof in discrimination claims All three equality commissions have welcomed a landmark Court of Appeal decision strengthening the Burden of Proof regulations.
		As a result of the amendments required by the EC Race Directive, the burden of proof used by the employment tribunals and courts will vary according to the grounds of the discrimination.
		For a discriminator the consequence of the new burden or proof in relation to the grounds of race or ethnic or national origins may be significant.
	www.cre.gov.uk /legal/rra_burden.html (450 words)

	Guardian Unlimited \| The Guardian \| Marcel Berlins: Burden of proof
		In our Corrections and Clarifications last week, we - the paper generally - admitted several offences of using the term "burden of proof" when what was meant was "standard of proof".
		But the main offenders were not the Guardian or the rest of the media, who were often just quoting what others had said, but the politicians, not least, to their shame, the lawyers among them.
		I was not disturbed when the non-lawyer Charles Clarke kept saying "burden of proof".
	www.guardian.co.uk /g2/story/0,3604,1437974,00.html (770 words)

	Do Atheists Bear a Burden of Proof?
		The "evidentialist challenge" is the gauntlet thrown down by atheist writers such as Antony Flew, Norwood Russell Hanson, and Michael Scriven.[1] They argue that in debates over the existence of God, the burden of proof should fall on the theist.
		As I argue in my book God and the Burden of Proof, at best such arguments only serve to insulate theism from being proven irrational in certain ways.[5] That is, I argue that if atheists charge that theism is irrational, i.e.
		Further, he has said nothing to obviate the burden of proof that the theist must bear in debates over the truth of theism.
	www.infidels.org /library/modern/keith_parsons/mcinerny.html (2340 words)

	Burden Of Proof Misunderstood G. Cortilla (Reply) (10-00)
		To say the burden of proof is with the person who believes there is an afterlife would be unfair since you are also making a claim that there is no afterlife.
		The person who makes a claim (or holds a theory or says that something exists) is the one responsible for providing proof (or a valid argument) to back up his or her position.
		But even if we did, to do this would be a negative existential claim (a claim that a thing does not exist) and would not be subject to the same burden of proof as the positive existential claim (a claim that a thing does exist).
	www.positiveatheism.org /mail/eml9403.htm (559 words)

	WTO \| Disputes - Dispute Settlement CBT - Legal issues arising in WTO dispute settlement proceedings - Burden of proof ...
		The burden of proof rests upon the party, whether complaining or defending, who asserts the affirmative of a particular claim or defence.
		As regards the required level of proof, the Appellate Body has clarified that the party bearing the burden of proof must put forward evidence sufficient to make a prima facie case (a presumption) that what is claimed is true.
		The panel’s task is to balance all evidence on record and decide whether the complainant, as party bearing the original burden of proof, has convinced the panel of the validity of its claims (see Panel Report, US — Section 301 Trade Act, para.
	www.wto.org /English/tratop_e/dispu_e/disp_settlement_cbt_e/c10s6p1_e.htm (774 words)

	The Eclectic Satyr - Who the Burden of Proof is on
		That is, that the one who makes the positive claim, for example that there is a God or an afterlife, has the burden of proof, while the one who holds to the negative, that there is none, has not.
		I hold that this rule as to the burden of proof is invalid.
		And thus I amend it: the burden of proof is on the one who wishes to convince the other of his or her beliefs.
	eclecticsatyr.hostultra.com /burden.htm (718 words)

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