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.

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Elfving of the California Superior Court of Santa Clara County issued a ruling allowing discovery in the case to go forward with respect to two of the posters, known as DOE 2 and DOE 3, and ruling as a matter of law that Eagle had met its legal burden of establishing a prima facie case against a third poster, known as DOE 4, under the California's Anti-SLAPP law.
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Regarding an injunction, the report further stated, "Not only is the legal burden heavy, but there is also the enormous financial burden requiring that a Tobacco Plaintiff post an injunction bond commensurate with the financial magnitude of the spinoff - approximately $9 billion.
Most significantly, REACH will reverse the legal burden of proof (i.
Based on the Special Masters' decisions in three previous test cases in the Omnibus Autism Proceeding alleging a vaccine-autism link, the Coalition is skeptical that the rulings will favor the petitioners, despite the fact that the Coalition believes that the petitioners met their legal burden.
Most importantly, REACH will reverse the legal burden of proof (i.
suggests situations where companies want to provide LTIs to their international managers but want to avoid the tax and legal burden associated with stock-based programs," Freedman noted.
The costs and legal burden of proprietary software for education are becoming unsupportable, with direct effect on opportunity and futures for young adults and the workforce as a whole," said Matthew Szulik, Chairman and CEO of Red Hat.
While I note the Minister for Education argues that conflict between parents and schools is not the intention behind the proposals, the administrative and legal burdens created for schools will become the collateral damage of good intentions.