Search results
Results From The WOW.Com Content Network
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).
The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, a translation of which in this context is: "the necessity of proof always lies with the person who lays charges." [28] The party that does not carry the burden of proof ...
Argumentation has been used to provide a proof-theoretic semantics for non-monotonic logic, starting with the influential work of Dung (1995). Computational argumentation systems have found particular application in domains where formal logic and classical decision theory are unable to capture the richness of reasoning, domains such as law and ...
Different types of proceedings require parties to meet different burdens of proof, the typical examples being beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence. Many jurisdictions have burden-shifting provisions, which require that if one party produces evidence tending to prove a certain point, the ...
Russell's teapot is an analogy, formulated by the philosopher Bertrand Russell (1872–1970), to illustrate that the philosophic burden of proof lies upon a person making empirically unfalsifiable claims, as opposed to shifting the burden of disproof to others. Russell specifically applied his analogy in the context of religion. [1]
This burden can rest on either party, although it usually relates to matters of defence raised by the accused. Some defences impose an evidential burden on the defendant. If the evidential burden is met, the prosecution then bears the burden of proof (which is not called an evidential burden). For example, if a person charged with murder pleads ...
The subject of logic, in particular proof theory, formalizes and studies the notion of formal proof. [8] In some areas of epistemology and theology, the notion of justification plays approximately the role of proof, [9] while in jurisprudence the corresponding term is evidence, [10] with "burden of proof" as a concept common to both philosophy ...
Blackstone's principle influenced the nineteenth-century development of "beyond a reasonable doubt" as the burden of proof in criminal law. [22] Many commentators suggest that Blackstone's ratio determines the confidence interval of the burden of proof; for example Jack B. Weinstein wrote: [23]