Results 1 to 10 of about 167,604,375 (245)

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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Distribution of the Burden of Proof in Autonomous Driving Tort Cases: Implications of the German Legislation for China

World Electric Vehicle Journal
In 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
doaj   +3 more sources

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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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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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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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)

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, Flávio Quinaud Pedron   +1 more
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Empirical study of the dilemma regarding preliminary proof of causality and methods used by victims in China's environmental health litigation

Chinese 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
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The Judicial Review of the Standard of Proof in Cartel Cases:Raising the Bar for the Croatian Competition AuthorityCase comment to the Judgment of the Constitutional Courtof the Republic of Croatia No. U-III-2791/2016 of 1 February 2018(Sokol Marić d.o.o.) [PDF]

Yearbook of Antitrust and Regulatory Studies, 2018
The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU.
Alexandr Svetlicinii
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Korupsi dan Pembalikan Beban Pembuktian

Jurnal Konstitusi, 2016
This paper was intended to answer a question on the extent of the effectiveness of a reversal burden of proof as stipulated in positive (prevailing) Indonesia law, that is, as provided for in Law Number 31 of 1999 on Eradication of Corruption Crime ...
Wahyu Wiriadinata
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