How to use burden of proof in a sentence

Looking for sentences with "burden of proof"? Here are some examples.

Sentence Examples The plaintiff retains the burden of proof, but the jury is instructed that acceptable proof to satisfy that burden can take one of several forms. The result has been to shift the burden of proof to members and associates of those gangs, and, in effect, to hit them in their wallets. This new emphasis must push further the burden of proof from the prosecution to the defence. The general principle in civil litigation is that the burden of proof lies on the asserter of a claim. The burden of proof lies with the customs service to prove the goods were to be sold commercially, the court said. In libel the burden of proof rests with the defendant, and there is no entitlement to legal aid. The burden of proof in an allegation of undue influence rests upon the person who claims to have been wronged. It may well be that the ultimate objection is that such a pleading places a burden of proof on the claimant to prove his innocence. He also says that the burden of proof in Ireland for a successful prosecution is far higher than in other countries. As already noted, there are two prerequisites to the evidential shift in the burden of proof from the complainant to the other party. Many police trawls did not turn up sufficient evidence to satisfy the burden of proof. At an industrial tribunal, the burden of proof is on the employer to prove that it did not discriminate in the ways complained of. Since society has a minimal concern with the outcome of such private suits, plaintiff's burden of proof is a mere preponderance of the evidence. The presumption of innocence is in effect being overturned here, placing the burden of proof on the accused. The Crown continues to have the burden of proof of proving an offence beyond a reasonable doubt. It also made clear that the burden of proof would be put on the concerned governments. In a traditional copyright infringement suit, the plaintiff has the burden of proof to show infringement. I am not satisfied that he has discharged the burden of proof upon him. A change in the burden of proof is not connected with any of the above provisions. The Buyer shall bear the burden of proof of performance of this obligation. Show More Sentences The burden of proof on the balance of probabilities lies on the defendant. And they are clearly confused about who has the burden of proof. These provisions set out the burden of proof in discrimination cases. In a disappointing development for women's groups, the proposals on rape will not affect the burden of proof or the presumption of the defendant's innocence. You must comply with the Statute of Frauds, which means that the contract must be in writing and that the burden of proof will be on you to assert your claim. In a very significant departure from established law, the Act reverses the burden of proof, overturning a basic protection against police frame-up. The onus which is placed upon the defendant is not an evidential one but a persuasive one, so that the defendant will be required to discharge the burden of proof. In practice the principal has the burden of proof to show that he did not give instructions that lead to the commission of the offence. But they always hammer away at the government's failure to meet its burden of proof. The burden of proof required has made criminal convictions for insider dealing notoriously hard to secure. Following conventional legal principles, a spouse who claims to fall within one of these exceptions ought to bear the burden of proof. More specifically, it should be left up to judges to decide who should bear the burden of proof, in line with the relevant circumstances. An important question is who should bear the burden of proof regarding the falsehood or truthfulness of a statement. In case of discrimination, a job applicant or worker may claim damages and the burden of proof falls on the employer. For used goods, the consumer shall bear the burden of proof for the item's defectiveness. Where the trader refuses to rescind the contract, the burden of proof shall lie with him. The statutory amendments shift the evidential burden of proof to the respondent if the complainant proves what he or she is required to prove at the first stage. With the burden of proof, women can even be accused of adultery or fornication in some countries. Even though the burden of proof is on the prosecution, the reality is that when one side presents emotional, detailed stories, the defense has a hard row to hoe. This instruction will have to be modified where the accused has a legal burden of proof, such as for mental disorder or non-insane automatism. Show More Sentences The party claiming the benefit of the derogation bears the burden of proof that the conditions for derogation have been fulfilled. In many common-law jurisdictions a civil burden of proof is the applicable standard for non-conviction-based confiscation. Under this arrangement, the burden of proof to the contrary would lie with the objector. In any instance of alleged undue delay, the burden of proof shall lie with the owner or operator of the ship. The burden of proof regarding this date shall lie with the party submitting the new evidence. It is a lesser burden of proof on the balance of probabilities and I think that is a very serious flaw with the process as well. It deals with the burden of proof during bail hearings for firearm related offences. Accordingly, the Applicant has not met the burden of proof with respect to this argument. A change in the burden of proof to the detriment of the Customer is in no way implied by these provisions. This ground of appeal relates to the burden of proof and the standard of judicial review. If no clear indications can be found, it is possible that the court will shift the burden of proof to the physician. The burden of proof is on the offender to convince the court not to make the order. It is said that you carry the burden of proof and you are the first to present evidence. Country-specific differences exist in the requirements on patient education and in the burden of proof. The section could only be rendered compatible by reading it as imposing simply an evidential burden on the defendant, rather than a burden of proof. Monday's drubbings on judicial scrutiny, the burden of proof and the role of the director of public prosecutions proved yesterday to be anything but a one-day wonder. Some statutory rules and regulations are included to regulate court procedure, for example rules relating to the admissibility of evidence and the burden of proof. The court should be alert to make allowance for situations which make it impractical for a defendant to satisfy the burden of proof which the legislation places upon him. This coalition contends that the movants have failed to meet their burden of proof and that a Multidistrict Litigation order of consolidation is unneeded and unwanted. In setting this standard, the Board endeavored to protect electric utility companies from being required to bear an impracticably high burden of proof. Show More Sentences Unlike a guilty finding in a court case, attainder did not require a legal burden of proof, but it did require the king's approval. In others, the burden of proof is on a plaintiff to disprove his or her own negligence. Refusal to satisfy the right to information can be appealed before the national courts, and the burden of proof lies with the public authorities, which must explain and justify their refusal. Employer's counsel was quoted in the press as stating the judgment makes sense, because of the higher burden of proof in criminal trials than in arbitrations. What is important to note is that the burden of proof in the argument over what to do about inequality seems to be shifting away from the default that high incomes are self-justifying. The burden of proof shall lie with the political party concerned. You don't prove the negative. The burden of proof is on those who posit the existence of their cosmic sky fairy. Finally, the burden of proof is different. Congress also shifted the burden of proof. The burden of proof in this respect is on the parties themselves. The burden of proof was shifted from the plaintiff to the defendant. As with all complaints, the complainant had the burden of proof. There was a high burden of proof giving way to reasonable doubt. The Settlement Agreement is silent with respect to the applicable burden of proof and the nature of the evidence that might refute the traceback result. It is said that by analogy to the hemophiliac class, and the lesser burden of proof placed on members of that class, a similar accommodation is justified. It is not a trivial distinction since any shift in the burden of proof is a significant change which undermines the safeguard for the citizen. The more severe penalties available in criminal law also means that it requires a higher burden of proof to be discharged than the related tort. Whatever the degree of re-regulation that one envisions, the burden of proof in the area of risk control should be shifted from supervisors to financial institutions. In all cases, the burden of proof is on the claimant to prove the cause as pleaded. The missing elements of intent and knowledge in the definition will not help in easing the burden of proof, as mens rea is an essential element for the criminalization of any act. Show More Sentences It considers that in rejecting that conclusion the Commission misapplied the term 'economic value' and failed to apply the principle of proportionality or the correct burden of proof. Skepticism must be the order of the day, placing the burden of proof on the doctrinarian. And when a defendant claims to have been acting in self-defense, the burden of proof remains on the state, which must prove beyond a reasonable doubt that the defendant was not doing so. In cases where shifting the burden of proof does not apply, the Kingdom of Spain shall continue to require the patent holder to adduce proof of infringement. In democratic societies, the presumption must always be against exclusion, and the burden of proof must rest with those who propose to disenfranchise. The text adopted in February made it clear that the Commission intended to table a proposal aimed at modifying the burden of proof rather than reversing it totally. The duty to provide documentation is judged with similar strictness in Austria and the Netherlands, where the burden of proof may also be eased for the patient. In a proceeding before the Board, the employer or person acting on behalf of the employer bears the burden of proof that they did not contravene the whistle blowing provisions of the Act. This harmonisation must first and foremost take the form of a directive reversing the burden of proof, as already adumbrated in the earlier draft directive. Indeed, the tribunal observed that a state wishing to second-guess another state's conferment of nationality upon an individual faces a steep burden of proof. He and I sometimes cross swords on the issue of other nutritious additives, but in this case we are looking very much at the essence of the burden of proof before this list is yet further extended. The committee's amendments are certainly good, as they are aimed at repudiating the reversed burden of proof, but this still does not clarify the situation sufficiently. Under the legislation in Western Australia, if an alien animal escapes from a vehicle, the burden of proof is on the driver to show that he was not responsible. In light of the whole of the evidence contained in the file, it must be determined if the petitioner has adequately met his burden of proof in order to justify his indemnity claim. The time has long since passed for legal technicalities, for saying that the burden of proof lies with America's accusers or for pointing out the unquestionable evil of the men America is fighting. The shared burden of proof implies that when there is a prima facie case of discrimination, the burden of proof in court cases must shift back to the respondent when evidence of such discrimination is brought forward. In this they differ from a motion in a civil process in which the burden of proof is on the movant, and in which there can be a question of standing. But the House of Lords yesterday overturned this decision, arguing it was a violation of human rights and the burden of proof should be on the prosecution. The adoption of a uniform burden of proof would eliminate these problems. As part of his Presidential campaign platform, Senator Dole has proposed to shift the burden of proof from the taxpayer to the Internal Revenue Service. Show More Sentences Although Bingley's LeFlore County convictions stand, Bailey and Potts were effectively able to question the State's evidence in meeting the burden of proof. Smith must bear the burden of proof since it has already demonstrated that he was part of the conspiracy at one point and that the conspiracy continued. Examples from Classical Literature If a true bill of indictment is returned by the grand jury, the case enters criminal proceedings where a higher burden of proof is necessary for conviction. Find more words! 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Words that rhyme with burden of proof What is the plural of burden of proof? Use our Sentence Generator Nearby Words burdening burdened Burden burden burd Burch burden of responsibility burdens Burdens burdensome Burdensome burdock