Questions tagged [burden-of-proof]

Standards for establishing a fact in court. In criminal-law: The theoretical requirements to establish guilt and obtain a conviction for a crime.

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Innocent until proven guilty in Germany?

My understanding was that German criminal proceedings are "private" (meaning secret, no one is allowed in except participants) and that the accused is assumed to be guilty until proven innocent, which ...
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How to prove someone sent a letter?

The discussion around how to prove you sent a letter, or someone received it, has already been discussed to death on the internet. But I can't find anything for the other way round; how to prove ...
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How is the burden of evidence distributed between parties?

I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument. Here's an ...
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What is the legal standard of proof required for US citizenship?

Suppose a person was claiming US citizenship by virtue of being born in the US, but had some difficulty proving that they were born in the US. What would be the legal standard of proof needed to prove ...
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How does “innocent until proven guilty” apply to non-payment?

Say I make a big win at a casino and walk out with a suitcase full of cash*. I decide I want to buy a car with it, so I head down to a car dealership, and buy a car - which I pay for by handing over ...
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Can all members of a group be civilly liable when some are provably innocent?

Scenario: A crime involving property damage is committed. Suppose that it can be proven beyond reasonable doubt that of a group of 3 people, 2 of them were involved and one was not. However, there's ...
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To what extent would a civil court defer to a criminal court (jury) decision?

To what extent does the doctrine of stare decisis bind civil courts to the decisions, especially the jury determinations, of criminal courts? If someone was convicted of an act that was both a crime ...
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Is placing the burden of proof on the accused illegal?

The specific situation I'm thinking of is ticket inspectors, but it could apply to other situations. The ticket inspectors assume you are fare evading without evidence (no presumption of innocence) ...
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What are standards of proof that are lower than “preponderance of evidence?”

Two standards that I've heard of are "compelling" evidence, and "reasonable indication." Apparently, they may be used to defend certain actions where the level of proof is less than 50-50 but "non-...
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Burden of proof question

What is "burden of proof"? For example, in the realm of special education law, IDEA plus the body of existing decisions say that a student is IDEA-eligible when his disability has an adverse effect ...
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663 views

Probabilistic justice or what is reasonable doubt

We all know that a person should be convicted of a crime if there is no reasonable doubt that the person is guilty. Let's consider this ideal case. Bill was killed. Police suspects John. John says, "...
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Why are there distinct burdens of proof in civil and criminal cases?

In a criminal case, in all common law jurisdictions that I know of, an accusation must be proven to a high level which is commonly stated as being "beyond reasonable doubt", whereas in a civil case ...