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Article
A Comparative Review of the Socio-Legal Implications of Burden of Proof and Presumptions to Deal With Factual Uncertainty
American Journal of Trial Advocacy (2008)
  • Leonardo J Raznovich, Canterbury Christ Church University
Abstract
This Article analyzes the theoretical and practical implications of using burden of proof and presumptions to compensate for the lack of factual information by looking at cases involving work safety, eradication of discrimination or unfair dismissal. The author's central argument is that presumptions that affect the burden of persuasion are likely to be more effective to deal with factual uncertainty caused by inadequacies of factual information in these type of cases than presumptions that affect the burden of adducing evidence.
Keywords
  • comparative civil procedure,
  • evidence,
  • presumptions,
  • burden of proof
Publication Date
Summer 2008
Citation Information
Leonardo J Raznovich. "A Comparative Review of the Socio-Legal Implications of Burden of Proof and Presumptions to Deal With Factual Uncertainty" American Journal of Trial Advocacy Vol. 32 Iss. 1 (2008)
Available at: http://works.bepress.com/leonardo_raznovich/2/