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 ?
'In a forfeiture proceeding, the evidential burden shifted to the respondents to prove that they obtained the money lawfully, which they failed to do.
This is where the evidential problems relating to the eService conspire to make it difficult for American General to satisfy this evidential burden. Consider the method by which a person enrolls in the eService: it was necessary to enter the policy number, Social Security number, and mother's maiden name, all of which could easily have been obtained by Dr.
It is also apparent that the regulations will be utilized in conjunction with Schedule 4 of the London Olympic Association Right (LOAR), which aims to prohibit any association with the Olympics by controlling the use of certain 'listed expressions.' (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.
Sheldrake (19) involved a provision of anti-terrorism legislation (20) which, 'conventionally interpreted', (21) imposed a legal burden only rather than an evidential burden. (22) This meant that the provision required the accused to prove certain matters on the balance of probabilities--failing which, he would have been convicted of the alleged offence.
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.
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.
He said the evidential burden placed on applicants to convince the conservation body that a buzzard licence should be granted was too high.
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.