It may well be that the ultimate objection is that such a pleading places a burden of proof on the claimant to prove his innocence. |
The presumption of innocence is in effect being overturned here, placing the burden of proof on the accused. |
As already noted, there are two prerequisites to the evidential shift in the burden of proof from the complainant to the other party. |
At an industrial tribunal, the burden of proof is on the employer to prove that it did not discriminate in the ways complained of. |
This new emphasis must push further the burden of proof from the prosecution to the defence. |
The plaintiff retains the burden of proof, but the jury is instructed that acceptable proof to satisfy that burden can take one of several forms. |