degree of proof
degree of proof. 1. BURDEN OF PROOF. 2. BURDEN OF PRODUCTION.
Search Results for: DEGREE OF PROOF
degree of proof
degree of proof 证明程度；证明标准；证明要求 指对不同性质的案件，对其事实的真实情况的证明必须达到的标准或要求。在刑事诉讼中，对被告人有罪的证明必须达到排除合理怀疑〔beyond a reasonable doubt〕的程度，而在民事诉讼中，通常只要求一方的证据比对方的证据具有优势即可。 (→burden of proof; preponderance of evidence; reasonable doubt)
standard of proof
standard of proof. The degree or level of proof demanded in a specific case, such as “beyond a reasonable doubt” or “by a preponderance of the evidence.” See BURDEN OF PERSUASION. [Cases: Criminal Law 560; Evidence 596. C.J.S. Criminal Law § 1108; Evidence §§ 1299, 1304–1306, 1308, 1310–1311, 1315–1317.]
burden of production
burden of production. A party’s duty to introduce enough evidence on an issue to have the issue decided by the fact-finder, rather than decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. — Also termed burden of going forward with evidence; burden of producing evidence; production burden;
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judicial notice
A court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact [the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit].Fed. R. Evid. 201. — Also termed judicial cognizance; judicial knowledge. [Cases: Criminal
judicial notice
judicial notice. A court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact (the trial court took judicial notice of the fact that water freezes at 32 degrees Fahrenheit).Fed. R. Evid. 201. — Also termed judicial cognizance; judicial knowledge.