burden of proof

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Burden of Proof

The obligations one party must meet to prove a fact in court. The party holding the burden of proof in a case must back each of his/her assertions with evidence for them to be legally acceptable. In a criminal case, the burden of proof rests with the prosecutor; in a civil case, it resides with the plaintiff. See also: Beyond a reasonable doubt, Preponderance of evidence.

burden of proof

In court, the responsibility to come forward with credible evidence that a thing happened or did not happen.Normally,the party who complains about a wrongdoing has the burden of proof. In some circumstances, primarily under federal laws related to discrimination, the aggrieved party need only make an allegation of wrongful behavior and the defendant has the burden of proof that his or her behavior was reasonable under the circumstances.The burden of proof may be set at different levels for various types of litigation. For example:

• When contesting a property tax valuation, the owner must generally prove that the assessment was manifestly excessive, clearly erroneous, or confiscatory. This burden of proof is very high, much more than required to show the assessment was simply inaccurate.

• Housing discrimination cases involve a three-step process that moves the burden of proof back and forth. Under what is called the McDonnell Douglas test, plaintiffs have the burden of showing they are a member of a protected minority; they applied for and were qualified to rent or purchase property; and they were rejected and the housing or rental opportunity remained available afterward. That creates a presumption of discrimination, which shifts the burden to the defendants to prove they had legitimate, nondiscriminatory reasons for their actions. If successful, the burden shifts back to the plaintiffs to prove by a preponderance of the evidence (meaning, “more likely than not”) that the offered reason was a pretext and there really was a discriminatory purpose.

References in periodicals archive ?
176) The Court held that a stricter standard of clear and convincing evidence was required, weighing the irrevocable severance of parents' rights in their child against the State's interest in placing the child in an alternate home.
184) Hence, Chief Justice Burger required that the state demonstrate the need for confinement by clear and convincing evidence.
Under a separate rule, interest paid to a related member also is not required to be added back if: (1) the corporation establishes by clear and convincing evidence that the deduction disallowance is unreasonable; (2) the taxpayer and commissioner agree in writing to the application of an alternative apportionment method; or (3) a principal purpose of the transaction giving rise to the expense was not to avoid Massachusetts taxes, the interest is paid pursuant to an arm's-length contract and the related member was subject to state or foreign net income tax on the income at a rate no less than the statutory rate applied to the taxpayer minus three percentage points.
Pennsylvania pending legislation: HB 1305 would disallow deductions for interest and intangible expenses/ costs paid to related members, unless the corporation proves by clear and convincing evidence that the transaction creating the expenses did not have avoidance of Pennsylvania tax as a principal purpose.
jury of its invalidity defense by clear and convincing evidence may be
proof for establishing invalidity: (1) clear and convincing evidence,
The resulting Supreme Court certification was limited solely to establishing the appropriate standard of proof for an IFPA violation, and the Court determined that the standard was "a preponderance of evidence," the least demanding of the three evidentiary standards (preponderance of evidence, clear and convincing evidence, and proof beyond a reasonable doubt).
In Browning, the Florida Supreme Court specifically recognized that reliance on oral statements does not have the same presumption of clear and convincing evidence as written declarations.
The appeals court held that there was clear and convincing evidence that no bail conditions could ensure the community's safety.
The function of the appellate court is to determine whether there is "substantial competent evidence to support the trial judge's finding of clear and convincing evidence.
section] 1983 action to offer clear and convincing evidence of a public official's unconstitutional motive in order to defeat the defendant's request for summary judgment.
2) Cases in which one party has accused another of a civil wrong with more severe implications, such as fraud, require proof by clear and convincing evidence.