evidential burden

evidential burden

the task to be metbyproof In civil cases facts require to be proved on the BALANCE OF PROBABILITIES; in criminal proceedings facts must be established BEYOND A REASONABLE DOUBT.
References in periodicals archive ?
He said the evidential burden placed on applicants to convince the body that a buzzard licence should be granted was too high.
This is where the evidential problems relating to the eService conspire to make it difficult for American General to satisfy this evidential burden.
9) Therefore, if certain words are used in combination with other words, this would give effect to an evidential burden that the LOAR has been infringed.
places an evidential burden on the defendant to adduce that it had reasonable grounds for making its prediction.
165) Gillies, 'Misrepresentations as to Future Matters', above n 16, 29-30, explains what the representor must do to discharge the evidential burden.
Sheldrake (19) involved a provision of anti-terrorism legislation (20) which, 'conventionally interpreted', (21) imposed a legal burden only rather than an evidential burden.
For example, in Sheldrake (80) the House of Lords interpreted a statutory provision that was intended to impose a legal burden as only imposing an evidential burden.
Schmidt and Rademeyer (2006) points out that this section creates prima facie proof that the contents admitted will be considered proven until rebutted: an evidential burden is therefore placed on the party contesting the facts contained in it.
The heavy evidential burden on claimants, confirmed in the oral contraceptive decision, of proving an increased relative risk, is far removed from the policy considerations that guided the House of Lords in Fairchild, where the strict rules of causation yielded to instinctive notions of what justice demanded.
He said the evidential burden placed on applicants to convince the conservation body that a buzzard licence should be granted was too high.
Fairchild is a landmark decision in that it represents a significant move away from the traditional strict legal approach to causation and dramatically lowers the evidential burden on claimants in relevant cases.
Under the Police Reform and Social Responsibility Act 2011 what would appear to be minor changes to the Licensing Act 2003 (to include licensing authorities as responsible bodies and the reduction of the evidential burden by requiring that licensing authorities make decisions that are "appropriate" to promote the licensing objectives rather than "necessary"), are likely to have wide implications for the industry as the licensing authorities reclaim control by way of increased discretionary power.