Burden of Proof

Declan O’Dempsey

Burden of Proof

Declan O’Dempsey

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Chapters

Burden of Proof
Axiom of Civil Law: the person who asserts a fact must prove it
The need for comparators
Why have a shifting burden of proof?
The two stage
The Directives
Harassment, reasonable accommodation cases and the burden of proof
In practice, what evidence is required to shift the burden of proof?
How can the defendant rebut the allegation if the burden of proof has shifted?
Innocent explanations
Collision between EU law and national procedural law: resolution

Question 1 of 3

Question 2 of 3

Question 3 of 3

Summary

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