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 ?
So, if taken seriously, that would go a long way to alleviating the concern that a legal burden on a claimant is unduly onerous, since sworn testimony is the main evidence in any case.
It is submitted that in the proposed Australian Consumer Law s 51A(2) should be amended to overcome the existing uncertainty as to whether a representor bears the legal burden of proving reasonable grounds or is simply required to lead evidence that goes to this issue to avoid having their representation deemed not to have had reasonable grounds.
But the employers carry the legal burden and risk fines if their vendors fail to meet deadlines.
Under these new European rules the legal burden of proof would be completely reversed.
Experts dismissed suggestions of a legal burden on the defendant to provide an explanation for the death.
He added that he might have reduced the legal burden if the former Fianna Fail TD had told the truth, but ruled this out such was the level of Burke's deliberate deception.
But now the National Farmers' Union has taken up the case, arguing that the ruling places an "unrealistic" legal burden on landowners.
During the contempt hearing last month, he told the judge the proceedings were yet another legal burden in "a continuous process of interrogation, prosecution and the threat of prosecution".
Because counseling is mandated by federal law, Baker said it puts a legal burden in place of a professional obligation.