Probatio diabolica is a legal requirement to achieve an impossible proof. Where a legal system would appear to require an impossible proof, the remedies are reversing the burden of proof, or giving additional rights to the individual facing the probatio diabolica.
For example, somebody might patent a process for manufacturing an item. Somebody else might then make the item. The patent holder would normally have to show that the patented process had been improperly used; this is a probatio diabolica since on the face of it the patent holder has no information on what process was actually used, and this could render the patent useless. Two possible solutions exist:
the burden of proof is reversed by presuming that the second manufacturer has improperly used the patented process, unless or until he demonstrates that he has used some other process; or
the patent holder is given discovery rights, enabling him to get information from the second manufacturer on the process actually used.
Colour commentary - one of my objections to Bill C-12 is that it creates a probatiodiabolica when it forbids description of acts that "would be" illegal, because it's not always possible to know whether the acts described in a fictional story would be illegal.
The two remedies suggested are reversing the burden of proof, so that someone who can do the proof ends up doing it, instead of someone who can't; and giving the person who must do the proof additional rights like "discovery", so that the proof will become possible.
Another thing we could do, and probably the right one, and probably the one that would actually be used in practice, would be to simply recognize the probatiodiabolica, prove that it cannot be resolved, and then abandon attempts to resolve it and decide the actual case on the basis of something else.
Probatiodiabolica is a legal requirement to achieve an impossible proof.
Where a legal system would appear to require an impossible proof, the remedies are reversing the burden of proof, or giving additional rights to the individual facing the probatiodiabolica.
For example, somebody might patent a process for manufacturing an item.
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