Results 1 to 10 of about 753,589 (185)

Burden of proof. [PDF]

open access: yesAnesthesiology, 2009
In early 2009, a two-day symposium on Obstetric Anesthesia had just ended, and my colleague and I stepped onto the tram in Basel, Switzerland, to begin our respective journeys home. One of the final discussions at the conference had concerned treatment/prevention of hypotension during spinal anesthesia for cesarean delivery, and I had spoken about the ...
Smiley RM.
europepmc   +5 more sources

PENERAPAN UNDANG-UNDANG TINDAK PIDANA PENCUCIAN UANG DALAM HUBUNGANNYA DENGAN PREDICATE CRIMES [PDF]

open access: yesMasalah-Masalah Hukum, 2013
This paper departs from the criminal acts of any problems related to money laundering as suplementary crimes and is there a legal basis for implementing the transfer of the burden of proof is absolute (shifting burden of proof) in the process of money ...
Artidjo Alkostar
doaj   +2 more sources

Function and limits of the power of inquiry of the Judge in the age of technological proof

open access: yesLabour & Law Issues, 2023
The paper is an elaboration of the speech held by the author on 20 April 2023 in Milan in the conference regarding the burden of proof in the new Italian civil trial. The author analyzes to what extent Italian labour judges are entitled to exercise their
Daniela Paliaga
doaj   +1 more source

Burden of Proof [PDF]

open access: yesIndex on Censorship, 2011
The burden of proof is a central feature of all systems of adjudication, yet one that has been subject to little normative analysis. This Article examines how strong evidence should have to be in order to assign liability when the objective is to maximize social welfare.
  +5 more sources

Burden of proof in criminal and civil procedure [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2012
In this paper the author presents the evolution of burden of proof in criminal and civil procedure. In civil procedural law there are the differences between the burden of proof in subjective, and that in objective sense. In criminal procedural law there
Brkić Snežana
doaj   +1 more source

EMPLOYER`S LIABILITY FOR DAMAGES IN DISCRIMINATION CASES

open access: yesZeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej, 2016
The paper describes practical problems relating to normalization of discrimination in labour law. It is about the role of compensation for discrimination, regardless of whether one takes into account either a compensatory or repressive role.
Marek Jasion
doaj   +12 more sources

Application of The Burden and Standard of Proof in Corruption Allegations Under ICSID Arbitration

open access: yesPublic and Private International Law Bulletin, 2022
Corruption allegations are a frequently-encountered issue in international investment arbitration. These allegations are mainly used as a defense mechanism by states, aiming to dismiss investors’ assertions in arbitral proceedings, because if corruption ...
Metincan Kaban
doaj   +1 more source

EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES

open access: yesRevista Eletrônica de Direito Processual, 2021
The paper aims to analyze the evidentiary legal structure of the extended confiscation in the Brazilian criminal procedure, focusing on the claim that extended confiscation reverses the burden of proof by removing it from the prosecution and transferring
Vítor Souza Cunha
doaj   +1 more source

THE DYNAMIC DISTRIBUTION OF THE BURDEN OF PROOF ON THE CODE OF CIVIL PROCEDURE AND ITS APPLICATION IN THE STATE COURTS IN THE LIGHT OF DAM (DECISION ANALYSIS METHODOLOGY)

open access: yesRevista Eletrônica de Direito Processual, 2021
The present work brings an analysis about the Dynamic Distribution of the burden of proof implemented by the New Code of Civil Procedure. As the novelty implemented by said code is a matter of salutary importance related to the construction of ...
Pablo Mateus Matos da Silva Teixeira   +1 more
doaj   +1 more source

Empirical study of the dilemma regarding preliminary proof of causality and methods used by victims in China's environmental health litigation

open access: yesChinese Journal of Population, Resources and Environment, 2020
Environmental health incidents have occurred frequently in recent years; in China, however, litigation has not been effective in protecting the rights and interests of victims due to their heavy burden of proof.
Shufen Sun, Youhai Sun
doaj   +1 more source

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