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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What proof does a company need when it claims a customer has damaged a piece of their equipment [duplicate]
I rented a car from a car rental company for 2 weeks and they are claiming that I caused a dent in the bumper of the car. Looking online this company seems to have a reputation for making such claims ...
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What status does the phrase “beyond a reasonable doubt” have in English/British criminal jurisprudence?
In a recent comment it is claimed that the phrase isn’t employed anywhere within British law, yet it is commonly thought to, and I’ve also always thought that it was.
What gives rise to this ...
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Is reasonable doubt that of >=9.1% probability? [duplicate]
The criminal burden of proof (ie beyondA reasonable doubt) is famously attributed to “Blackstone’s Ratio”:
It is better that ten guilty persons escape than that one innocent suffer.
I’m not sure if ...
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Is it true that the burden never shifts to the defendant?
Another answer claims:
It always remains with the prosecution or the plaintiff (P) to prove their case to the required standard; the defendant (D) never has to prove anything. ...
And regarding ...
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What is an example of “shifting the burden of proof”?
S136, Equality Act 2010 provides for “shifting the burden of proof”. Under relevant case law it is completely clear that the burden of proof has always remained on the claimant to make out a claim. So ...
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What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?
S136 Equality Act 2010 provides for shifting the burden of proof. But what standard does the claimant have to make out the preliminary facts to in order to engage this section?
And is testimonial ...
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Burden of proof in intellectual property disputes involving generative media
I've been pondering a hypothetical situation where someone claims that a piece of art I created could not possibly be my intellectual property, asserting that it was AI-generated. In such a scenario, ...
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In American criminal law, do prosecutors who seek to prosecute a defendant need to have evidence of the defendant's guilt beyond a reasonable doubt?
Would the judge in a criminal trial consider a prosecutor's statement that some evidence is representative of a defendant's guilt is a false statement by seeking the evidence to be inferred as ...
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Burden of Proof for Reprinting a Book
You republish a book from 1923 without asking anyone.
The original publisher (or its successor) sues you.
Do you need to proof that the author is 70 years dead already, or lies the burden of proof on ...
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What is the standard of proof for violations of the amateur radio regulations?
What is the standard of proof for violations of 47 CFR 97, the amateur (ham) radio regulations? Is it preponderance of the evidence or beyond reasonable doubt?
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In civil claims is there any requirment for the claimant to prove ownership of assets in question?
As title, in a civil claim is there any general requirement for the claimant to positively demonstrate ownership over the assets in question? Or any specific rules that apply to car claims after an ...
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Could we understand that someone who is still 'innocent until proven otherwise', be 'possibly' guilty?
Although we accept that legally everyone is 'innocent until proven guilty', is it right for people to keep open in their minds the plausibility/possibility that the accused is guilty?
Or is this ...
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Is there any precedent wherein both parties require a burden of proof?
My thinking is with respect to very serious issues wherein getting the correct resolution is very important. Usually the burden seems to be on one party or another, but I wonder if there are cases or ...
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Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?
In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both ...
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Is there a burden of proof of a force majeure event occurring?
I have a contract with an equipment hosting company that contains a 'Force Majeure' clause. I was informed a few weeks ago that this clause was activated due to a blown transformer caused by unusually ...
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Are "evidentiary" standards similar or different in a civil versus criminal case?
In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need ...
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If a legal document references another legal document, does it "annex" the other document?
There are probably numerous examples but I'll go with the one with which I am most familiar.
Let's say a debt buyer is trying to prove that it owns your debt. The "normal" type of proof is ...
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Are wikileaks considered valid proof in a court of law?
Are wikileaks considered valid proof in a court of law? How does the government assess whether a leak on wikileaks is legitimate, and is the assessment made on an individual basis, if so what is the ...
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Defence to defamation where the alleged crime has expired
In 2010, Rob stole a bicycle from Bob. Bob did not know whodoneit.
In 2020, Bob finds out that it was Rob. Bob obtains evidence sufficient to prove that beyond reasonable doubt.
However, the time to ...
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Are there any essential differences in the nature and quality of the following defenses?
A has clearly been injured, and has the bruises to prove it. He sues B for hitting him and causing those bruises. As far as I can see, B may have several different defenses.
Yes, I did hit A, but was ...
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Can a phone conversation be summoned from telecom operator as evidence in court of law
Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so.
However, we wish to ...
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Is it "reasonable" to discriminate on the basis of "experience" in employment (anti-discrimination law)
Anti-discrimination statutes in most Western jurisdictions prohibit a broad range of age discrimination in employment. So far as I can see, most statutes of this kind draw a distinction between ...
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How can the burden of proof be shifted on the defendant?
NOrmally, the burden of proof is on the accuser (plaintiff).
But my understanding, from reading the link, is that if the accuser makes a prima facie case, the burden proof can shift from the accuser ...
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What will happen if someone/a group can't be confirmed that they commited a crime?
What will happen if (Bob) with 6 friends murder a person (Jake) in a room with 20 people, but after the police arrive they can't confirm which people in the room committed the crime? What will happen ...
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Are there some torts for which the proof is "slam dunk" or close to?
The tort in question is that a driver hit a child while driving. Below are three different cases of this:
Example 1: Someone is driving in a residential neighborhood at a "safe" speed of about 10 mph....
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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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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 ...
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