One considerable difference between prize law and ordinary Anglo-American criminal law is the reversal of the normal " onus probandi " or burden of proof.
2.
(1 ) reaafirms the doctrine of semper necessitas probandi incumbit ei qui agit ( he who alleges must prove ) with regard to the allocation of onus probandi ( burden of proof ) in the AML judicial case
3.
In this case, the " onus probandi " ( the burden of proof ) shifts from the plaintiff to the accused, who still has the chance to prove in their defense that consent was given.
4.
These changes of the law have in no degree whatever altered the onus probandi in those cases, which, according to the language of Lord Hardwicke, raise " from the circumstances or conditions of the parties contracting weakness on one side, usury on the other, or extortion, or advantage taken of that weakness " a presumption of fraud.
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