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from [for] one party A decision reached, or case brought, by or for one party without the other party being present. ex post: from after Based on knowledge of the past. ex post facto: from a thing done afterward Commonly said as "after the fact." ex post facto law
In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. When a party bearing the burden of proof meets their burden, the burden of proof switches to the other side. Burdens may be of different kinds for each party, in different phases of litigation.
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).
Sanity is a rebuttable presumption and the burden of proof is on the party denying it; the standard of proof is on a balance of probabilities, that is to say that mental incapacity is more likely than not. If this burden is successfully discharged, the party relying upon it is entitled to succeed.
Probatio diabolica (Latin for "devil's proof" or "diabolical proof") is a legal requirement to achieve an impossible proof.Where a legal system would appear to require an impossible proof, the remedies are reversing the burden of proof, or giving additional rights to the individual facing the probatio diabolica.
Each party in a debate will therefore carry the burden of proof for any assertion they make in the argument, although some assertions may be granted by the other party without further evidence. If the debate is set up as a resolution to be supported by one side and refuted by another, the overall burden of proof is on the side supporting 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]
In a debate, fulfillment of the burden of proof creates a burden of rejoinder. One must try to identify faulty reasoning in the opponent's argument, to attack the reasons/premises of the argument, to provide counterexamples if possible, to identify any fallacies, and to show why a valid conclusion cannot be derived from the reasons provided for ...