Whether it s ministers changing primary legislation without Parliamentary approval; regulators imposing huge financial penalties with no understandable scale; retrospective legislation; laws which rely on undefined concepts like fairness or adequate procedures ; reversing the burden of proof
to require innocence rather than guilt to be proven, more and more we are seeing uncertainty and unfairness challenging the very principles of the rule of law.
Roland Gutierrez, D-San Antonio, said he was concerned that changing the "long-standing" standard for burden of proof
in judicial bypass cases could lead to changes in other areas of law.
Transport Scotland said there was no "robust evidence" to back changing the burden of proof
The government continues leveling unfounded accusations against Doral and has engaged in delay tactics in and out of court because it knows that it cannot meet the burden of proof
that the court has ordered.
If a claim is made for an item subject to a law restricting its possession or sale, then I strongly disagree with the reader's assertion that the burden of proof
rests with the carrier to prove the illicit nature of the item.
Smith must bear the burden of proof
since it has already demonstrated that he was part of the conspiracy at one point and that the conspiracy continued.
Under these audits, because the burden of proof
was one-sided, many small-business owners felt compelled to pay the DRA the 8.
However, the notion of the burden of proof
is most useful when taken beyond the quantitative: it is not simply a matter of "more" or "less" evidence.
In another insurance case, the Supreme Court said in April 2001 the burden of proof
lies with the claimant as for injury because otherwise it becomes easy to make illicit claims.
The adoption of a uniform burden of proof
would eliminate these problems.
The Bush administration, however, has filed a brief that sides with the position of the Maryland school district in the case and says that the burden of proof
should fall on the party seeking relief in an IDEA administrative hearing.
But the House of Lords yesterday overturned this decision, arguing it was a violation of human rights and the burden of proof
should be on the prosecution.