Results 21 to 30 of about 147,890 (292)

Reconciling reverse burdens of proof with the presumption of innocence: a new approach [PDF]

open access: yes, 2022
Modern liberal democracies pride themselves on protecting certain fundamental rights for individuals. In the context of the criminal law, perhaps the most prominent is the right of accused persons to be presumed innocent until proven guilty of ...
Allen, Jackson Lewis
core   +1 more source

A Comparative Study of the Burden of Proof in Claims Based on Scientific Evidence in Iranian and English Law [PDF]

open access: yesIranian Journal of International and Comparative Law
This study aims to identify the strengths and weaknesses of the Iranian and English legalsystems regarding the use of scientific evidence and to propose solutions for overcomingobstacles to its acceptance.
Arezoo Ghazanfari   +2 more
doaj   +1 more source

Burdens and Standards of Proof in Possession of Unexplained Property Prosecutions

open access: yesMizan Law Review, 2015
While possession of unexplained property (illicit enrichment) is expressly criminalized under Article 419 of the 2004 Criminal Code of Ethiopia, there are practical problems in its prosecution, inter alia, regarding burden and standards of proof.
WY Wodage
doaj   +1 more source

Burden of proof [PDF]

open access: yes, 2022
Thesis title: Burden of proof The subject of the diploma thesis is the institute of the burden of proof, with emphasis on the manifestations of individual constitutive components of the burden of proof, especially in civil contentious declaratory ...
Sudek, Matouš
core  

Vasiyetname Düzenleme Ehliyeti İçin Gerekli Ayırt Etme Gücü

open access: yesSakarya Üniversitesi Hukuk Fakültesi Dergisi/Sakarya Hukuk Dergisi, 2022
Vasiyetname ehliyeti açısından vasiyetçinin ayırt etme gücünün bulunması vasiyetnamenin iptali bakımından önemi haizdir. Vasiyetçi ayırt etme gücüne sahip değilse, Türk Medeni Kanunu m. 557 hükmüne göre, vasiyetnamenin iptali istenebilir. Vasiyetnamenin
Nafiye Yücedağ
doaj   +1 more source

The burden of proof concerning the money’s source in money laundering crimes [PDF]

open access: yesمجلة الاجتهاد للدراسات القانونية والاقتصادية, 2022
The crime of money laundering is established when the source of the suspected money is known. Originally, the person is not asked to present evidence supporting his innocence, but rather the burden of proof lies on the accusing party to prove the illicit
ركروك راضية
doaj   +1 more source

EMPLOYER`S LIABILITY FOR DAMAGES IN DISCRIMINATION CASES [PDF]

open access: yesZeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej, 2017
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   +1 more source

DYNAMIC DISTRIBUTION OF PROOF (INTERPRETATION OF THE ARTICLE 373, § 1, CPC / 2015)

open access: yesRevista Eletrônica de Direito Processual, 2018
The present study addresses the dynamic distribution of the burden of proof by the new Code of Civil Procedure to ensure the constitutional guarantee of adequate and effective judicial protection.
Caroline Lovison Dori, Eduardo Cambi
doaj   +1 more source

BURDEN OF PROOF IN CONSTITUTIONAL PROCESS UNDER CONSIDERATION OF DEMOCRATIC STATE

open access: yesRevista Eletrônica de Direito Processual, 2016
Under the aegis of the democratic rule of law, the contradictory it appears as a fundamental premise of constitutionalised process. In this view, the contradictory, more than just right party to exercise its right of defense, it should be seen as a form ...
Patrícia Mendanha Dias
doaj   +1 more source

Putting the Burden of Proof in Its Place: When Are Differential Allocations Legitimate?

open access: yes, 2008
It is widely assumed that legitimate differential allocations of the burden of proof are ubiquitous: that in all cases in which opposing views are being debated, one side has the responsibility of proving their claim and if they fail, the opposing view ...
Kingsbury, Justine   +2 more
core   +1 more source

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