I'm not sure if we are struggling with semantic murkiness, but my sense is that you want to endorse what I described in paragraph 5 in my previous email: there can be no legal burden of proof
in a refugee claim.
This article commences by giving an overview of the appearance of super-tribunals such as SAT on the Australian scene; it then provides an overview of what is generally understood by the concepts of burden of proof
and standard of proof; and concludes with an investigation of the decisions of SAT to demonstrate the nuances in a super-tribunal as to who bears the burden of proof
and what standard of proof is required.
If we think about the burden of proof
as doing substantive work in relation to justice, the question of sufficient evidence might be reframed as follows: In the context of litigation about the rights of marginalized people, what are the obligations of a judge when deciding on a community of reference?
The meaning of burden of proof
in Wright Line and Transportation Management--specifically whether it referred to the burden of persuasion or burden of production--came under scrutiny in Director, Office of Workers' Compensation Programs v.
In another insurance case, the Supreme Court said in April 2001 the burden of proof
lies with the claimant as for injury because otherwise it becomes easy to make illicit claims.
6) The MCM, however, fails to specify the required burden of proof
for determining guilt in nonjudicial punishment proceedings.
The IRS Restructuring and Reform Act introduced IRC section 7491(a)(1), which states that if a taxpayer introduces credible evidence about any factual issue relevant to ascertaining the liability for any tax imposed by subtitle A or B, the IRS will have the burden of proof
with respect to such issue.
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.
In negligence and products liability cases, for example, the doctrine has evolved that the burden of proof
on the issue of causation may be shifted to the defendant when demanded by public policy considerations.
With its acceptance into the World Trade Organization (WTO), China agreed that the burden of proof
would be on its shoulders for demonstrating that it deserves a change in treatment from non-market to market economy status.
The appeals court affirmed, finding that once the state established that the statutory two-year period after enactment of the Prison Litigation Reform Act (PLRA) had elapsed, the inmates had the burden of proof
to demonstrate that there were ongoing violations and that the relief was narrowly drawn.
Q: Who has the burden of proof
in an employment tribunal in cases of sex, race and disability discrimination - will this be the same for the religion, belief and sexual orientation legislation?
Another is that--despite appeals through posthumous citizenship, army educations and jobs, and the burden of proof
to show patriotism--the majority of people of color do not support war.
1971), the Florida Supreme Court held that the presumption of undue influence no longer shifted the burden of proof
to the alleged undue influencer in will contests.
As a result, scale indeterminacy poses a serious problem for value-added assessment, The burden of proof
is on its practitioners to show that ratings assigned to educators do not vary when alternative (but in all essential respects, equivalent) scales are used, That burden of proof
has not been met.