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In the theory of world evidentiary law, the burden of proof is understood as a specific measure of the necessary behavior of the party in the process, which is the main responsibility for the conduct of proof. The party which takes the burden of proof lies must convince an examining person of the existence of certain factual elements in accordance with a given standard of proof or degree of certainty. The standard of proof indicates how persuasive or evidentiary the evidence must be in order to meet the burden of proof.
The Key Points
In Switzerland, as noted by Schweitzer, ‘the question of allocation of the evidentiary burden is closely linked to the existing arbitrators’ independent initiative’ (23). It concerns the search for evidence and the presence of the parties entrusted to arbitrators’ duty to disclose the evidence. The principle may be applied to both parties (the plaintiff and the defendant) who must provide evidence of the circumstances to which they refer as a basis for their claims or objections.
It is shown in the study that direct appeals of court members express a high threshold of decision-making in accordance with the legislation and judicial practice. But when using the claimed degree of faith in the accuracy of the plaintiff’s claims as a predictor of satisfaction of the plaintiff’s claim in a civil suit, the probability of satisfaction is 50% with the declared criminal record of only 63% (Schweitzer 21). The author further concludes that there is no difference between the expected threshold of decision-making for members of the courts and the general public.
Schweizer, Mark. The Civil Standard of Proof: What is It, Actually? Preprints of the Max Planck Institute for Research on Collective Goods, no. 2013/12, 2013.