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Allocation of the Legal Burden - Term Paper Example

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"Allocation of the Legal Burden" paper argues that the matrix of errors probably can be affected by allocations of burdens of persuasion that reflect fundamental values. These are different matters, and our concerns for 'rational' decision making and 'accuracy" should not blind us to that fact…
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Allocation of the Legal Burden
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Download file to see previous pages The burden of proof is a legal obligation for a party to prove its allegations in a court of law. The person who objects or complains has the burden of proof. For instance, if someone has accused another person or party of being guilty or not guilty then it is up to the first person to prove his accusations. Under English law, there are many types of burden of proof. A legal burden refers to an obligation upon a party for the duration of a case. The party can prove its claim once the burden of proof has been discharged by the court1.

Another type of burden of proof is the evidentiary burden that rotates between parties as the evidence comes. For instance, in any case, or hearing if a party submits some evidence than the opposing party has to refute the allegation using evidence. A tactical burden is an obligation when the court can deduce a fact from evidence if the opposing party has failed to refute it with their own evidence.

Criminal courts in England and Wales require a level of proof that must be sufficient to convince the court about a certain suggestion or presupposition. This depends on the circumstances of the suggestion. There are other standards of proof used in courts for criminal proceedings. One of them is the air of reality in which a criminal defense can be used. A test is undertaken which asks the defense whether they will be successful based upon the claimed facts. Reasonable suspicion is the low standard of proof where government officers can stop or conduct a brief search. The intrusion has a low threshold in this type of proof when a police officer searches or seizes any person. The lowest standard of proof is the probable cause which is used by courts for indictments.

However, the minimum standard of proof required in criminal courts in the United Kingdom is the balance of probabilities. This standard states that any proposition which is greater than fifty percent is likely to be more accurate. ...Download file to see next pagesRead More
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Allocation of the Legal Burden Term Paper Example | Topics and Well Written Essays - 2500 Words.
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