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Clear And Convincing
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxim (philosophy)
A maxim is simply a moral rule or principle, which can be considered objective or subjective, and dependent on one's philosophy. A maxim is often pedagogical and motivates specific actions. The ''Oxford Dictionary of Philosophy'' defines it as: Deontological ethics In deontological ethics, mainly in Kantian ethics, maxims are understood as subjective principles of action. A maxim is thought to be part of an agent's thought process for every rational action, indicating in its standard form: (1) the action, or type of action; (2) the conditions under which it is to be done; and (3) the end or purpose to be achieved by the action, or the motive. The maxim of an action is often referred to as the agent's intention. In Kantian ethics, the categorical imperative provides a test on maxims for determining whether the actions they refer to are right, wrong, or permissible. The categorical imperative is stated canonically as: "Act only according to that maxim whereby you c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |