In legal system, there are mainly two kinds of burdens of proof; one is a burden of persuasion and the other is a burden of production. These burdens have usually been formalized by an argumentation between a plaintiff/prosecutor and a defendant. In the previous work, we formalized a burden of persuasion from a different point of view; a decision making by a judge. If a burden of persuasion is not fulfilled, a judge will make a decision which is not favorable to the party having the burden. And as by-product, both parties are trying to fulfill their burden of persuasion. In this paper, we follow this idea in order to formalize a burden of production as well. We introduce a new predicate which a judge uses in order to check whether a party with the burden of production raised the issues and provided an enough evidence during the proceedings.
[1]
Henry Prakken,et al.
Presumptions and Burdens of Proof
,
2006,
JURIX.
[2]
Henry Prakken,et al.
Modelling Defeasibility in Law: Logic or Procedure?
,
2001,
Fundam. Informaticae.
[3]
Formalizing a Switch of Burden of Proof by Logic Programming
,
2007
.
[4]
Henry Prakken,et al.
The Carneades model of argument and burden of proof
,
2007,
Artif. Intell..
[5]
Satoshi Tojo,et al.
Abductive Reasoning for Burden of Proof
,
2008
.
[6]
Henry Prakken,et al.
Formalising arguments about the burden of persuasion
,
2007,
ICAIL.
[7]
Henry Prakken,et al.
More on Presumptions and Burdens of Proof
,
2008,
JURIX.