Results 1 to 10 of about 147,890 (292)
Burden of proof in criminal and civil procedure [PDF]
Zbornik 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
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Requiem for the Burden of Proof
Revista Ítalo-Española de Derecho Procesal, 2022 The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete with the introduction of the free assessment of evidence. However, doctrinal and jurisprudential
Jordi Nieva Fenoll
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Anesthesiology, 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 +4 more sources
World Electric Vehicle JournalIn the realm of autonomous driving tort, a significant disparity exists in the parties’ access to autonomous driving data and essential technical information, resulting in challenges in unilateral proof.
Zhihua Chen, Qianyi Cai, Hanbing Wei
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Function and limits of the power of inquiry of the Judge in the age of technological proof
Labour & 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
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Presumptions and Burdens of Proof [PDF]
SSRN Electronic Journal, 2006 This paper studies the logical modelling of presumptions and their effects on the burden of proof. Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction between the burden of production, the burden of persuasion and the tactical burden of proof.
SARTOR, GIOVANNI, H. Prakken
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EMPLOYER`S LIABILITY FOR DAMAGES IN DISCRIMINATION CASES
Zeszyty 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
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Application of The Burden and Standard of Proof in Corruption Allegations Under ICSID Arbitration
Public 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
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EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES
Revista 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
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Revista 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
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