Burden Of Proof
It is a proof that should be proved by the person who made allegations.The burden will be on a party to prove the allegations.So it is the responsibility of Plaintiff to establish the prima facie evidence on the allegations made.
But the responsibility is limited to civil laws only. In case of criminal cases, the burden will be on the State. The complainant must produce the evidence for the allegations made by him/her. BURDEN OF PROOF IN THE BUSINESS Like in other, the business laws also require evidences when the allegations are made by plaintiff.
If the business cases lead to civil nature the burden of proof lies on the complainant and whereas in the nature of criminal cases, the burden proof lies on the investigating authority or respective State. When the person not in a position to prove the allegation, the objection ceases to exist. Hence compliant become null and void. BURDEN OF PROOF IN CRIMINAL LAW When a crime has been committed, the criminal defines that investigating authorities are responsible to arrest suspects, searching and investigating suspects, questioning of witnesses etc.
Hence the burden of proof lies on the investigating authority but not on suspected person or victim. BURDEN OF PROOF IN LABOR LAWS Several labor laws exist that are based for workers protection i. e. Workers compensation, equal remuneration, minimum wages etc. All such laws must be complied by the employers. The burden of proof lies on the employers about compliance of labor laws. The creation of laws did not happen in a single day. Many centuries involved for the development of laws. When there was no law, the workers were paid the wages discriminating the men and women.
Accordingly Equal Remuneration Act was established. Previously the wages were paid only and no compensations was paid for the persons who have met with illness or injury at work place. The workmen compensation Act established to provide the compensation to such workers. In such cases, when there is allegation, the employers having burden of proof that they have complied the laws. REFERENCES: 1. http://www. answers. com/topic/burden-of-proof 2. http://www. britannica. com/EBchecked/topic/84967/burden-of-proof 3. http://www. gotovertime. com/law. html