Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 43 for “"Burden of proof"”.
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An analysis of circumstantial evidence in discharging the burden of proof: A critical review of the Zambian Jurisprudence
This dissertation consists of the law relating to circumstantial evidence in discharging the burden of proof and has sought to criticize the Zambian jurisprudence in that regard. In order to come up with the contents herein I sought help from the institutions themselves such as the police and the …
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Burden of proof: a historical and theoretical analysis of some aspects of the following concepts in relation to the interpretation of Section 82 of Act 58 of 1962: income, assessment, objection and appeal
Even though Act 58 of 1962 is the culmination of a slow and complex evolution, some of the sections of the Act are virtually identical to sections of the New South Wales Act 1895 (59 Victoria 15). It is unfortunate indeed that the framework of the Act, for the purpose of the statutory formula, is …
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Burden of proof: a historical and theoretical analysis of some aspects of the following concepts in relation to the interpretation of Section 82 of Act 58 of 1962: income, assessment, objection and appeal
A clear understanding of Section 82 of the Income Tax Act No 58 of 1962 [the Act] is of great practical consequence toothed tax consultant. Indeed, many a well chartered voyage: In the uncertain stormy ocean of taxation litigation has floundered on some deep hidden Jagged edge of the iceberg …
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Risking Belief: A Bayesian Decision Theoretic Epistemology
Finally, I apply BTRA to burden of proof and methodological naturalism, arguing that BTRA explicates burden of proof, and that methodological naturalism is only rational for people with certain practical and epistemic preferences: those with humanist tendencies.
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Gender justice : equality in employment with regards to laws and the courts including the North American Free Trade Agreement and the European Economic Community Treaty
… for this study is to better understand the issue of inequality and to improve the likelihood of achieving gender justice in the future. The dissertation examines the primary role of legislation, which has an impact on the court process, as well as the primary role of the judicial system, which has …
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El deber de mitigar el daño evitable por parte de la víctima en el ordenamiento jurídico argentino
The purpose of this thesis is to study the duty to mitigate avoidable harm on the part of the victim in general and its organic impact on the civil liability system in particular, from a sociological, economic, philosophical and legal perspective. Finally, we propose an integration of the legal …
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The German "culpa in contrahendo"
In German law the contractual liability of the debtor requires an obligation, this is expressed within the German civil code which formulates 'an obligatory relationship'. For this reason, any fault (Verschulden) committed before or during the conclusion of a contract, can only be an unlawful act, …
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Radiation exposure liability : the burden of responsibility and compensation in civilian and military nuclear ventures
… atoms in 1934, peaceful and militaristic uses of nuclear energy have become prevalent in our society. Two case studies, Three Mile Island and the Nevada Test Site, allow for the examination of radiation injury liability in the context of existing radiation compensation systems. The …
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Adopting Obligations: Duties to Existing Children
… for wanting a biological child, I show that the burden of proof lies with defenders of ARTs to justify their use. In the second chapter I make the moral case in favour of adoption. By drawing an analogy to a standard and incontrovertible duty to aid case, I argue that infertile prospective …
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Use of Preponderance of Evidence in Campus Adjudication of Sexual Misconduct
… HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change …
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Indirect Maternal Mortality Due to Malaria: A Systematic Review and Meta-Analysis
… in endemic regions. However, the magnitude of the effect of pregnancy on malaria-associated mortality and the role of malaria infection in maternal mortality remain uncertain. This study aimed to review the evidence and quantify the impact of pregnancy on the risk of malaria-associated death …
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Il negozio di accertamento, limite all'autonomia privata
… thesis aims to verify the eligibility and limits of the figure of the conventional assessment, which finds widespread use in judicial practice, but unlike the German B.G.B., it is not explicitly covered in the Italian Civil Code. In the first part I have tried to identify the boundaries between …
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Key Operational Challenges to Ensuring the Long term Success of the International Criminal Court
… challenges to ensure the long term success of the Court. It begins by requiring the ICC to establish a culture that adheres to the values of the organization and a legal system capable of fairly and expeditiously carrying out its mission. This requires an ethical approach and effective …
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L'anatocismo
… its first part, is oriented to showing the basis of the anatocism in the italian system and in other European country. Other aspects in the first chapter are: connection with money and interests. The second chapter is dedicated to the evolution of anatocism in Italy specifically in banking …
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A comparison of the substantive aspects of impermissible tax arrangements under South Africa's General Anti-Avoidance Rule and the Principal Purpose Test with specific reference to the examples found within the 2017 OECD Model Tax Convention
… under article 29(9). The practical application of this test is explained with the use of various examples within the accompanying commentary to the Convention. However, various ambiguities both in the Convention and the accompanying commentary exist. The author raises these ambiguities and …
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American Nationalism in the Early Twenty-first Century: A Discursive Analysis of the Politics of Immigration and National Security
… theoretical contributions on the topic of national identity and Michel Foucault's contributions toward discourse analysis to perform a discursive analysis of Donald Trump's campaign speeches in which he exploits pre-existing anti-immigration sentiments among certain voters to gain …
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Teismingumas, taikytina teisė ir įrodinėjimas civilinėse bylose dėl neleistino informacijos skelbimo internete: galimybės ir problemos /
… The first two which fall into the category of International Private Law are the assertion of judicial jurisdiction and choice of applicable law in civil cases with a foreign element, which are related to unallowable posting on the Internet, and third one is the burden of proof which falls …
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Equality at Work with the Focus on Unequal Pay for Work of Equal Value
… The same is true in the various workplaces of the South African economy however, South African workers are fortunate because legislation has been enacted to ensure that there is equality and fairness in the workplace regarding compensation of workers. The Constitution guards against unequal …
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The role of efficiencies under EU competition law
At the beginning of the 21st century, the Commission embarked on a comprehensive review and came up with a series of new proposals for legislation in its modernisation and reform packages. One of the most striking features of the Commission’s efforts is the inclusion of economic factors into …
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Pathological vs non-pathological incapacity: are the differences in requirements and consequences justified?
This paper covers the criminal law defences of pathological incapacity and non-pathological incapacity in South African law which are used by defendants in criminal cases to refute the element of capacity that is necessary for the court to hold the accused criminally liable. Each defence has its …
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