Results 1 to 10 of about 153,135 (280)
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.
Qianyi Cai
exaly +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
doaj +14 more sources
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
doaj +1 more source
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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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
openaire +6 more sources
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
doaj +1 more source
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
doaj +1 more source
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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More on Presumptions and Burdens of Proof [PDF]
SSRN Electronic Journal, 2008 This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this
SARTOR, GIOVANNI, H. Prakken
openaire +5 more sources
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
doaj +1 more source