burden of proof

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Related to Onus of proof: Standard of proof, Air of reality

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 ?
2) Although 'the concept of onus of proof is not appropriate to administrative inquiries and decision making' (Yao-Jing v Minister for Immigration and Multicultural Affairs (1997) 74 FCR 275, 288), the relevant facts of the individual case will have to be supplied by the applicant himself or herself, in as much detail as is necessary to enable the examiner to establish the relevant facts.
Under the WR Act the reverse onus of proof was contained in section 298V.
97) However, unlike the judges in the cases discussed above, her Honour did not simply rest her conclusion on the weight of authority in which it had been held that the representor bears the onus of proof.
Second, it is quite inadequate that the case that racing has to prove is a case based on a law passed in the 19th century on which the onus of proof is such that it is virtually impossible to bring a prosecution.
The nub of the change will be to place the onus of proof on companies cited in any cases brought against them.
Such arguments can shift the onus of proof from the proponents to the opponents.
The other party simply denies it and then the onus of proof is on you.
Unfortunately in British law the onus of proof is on the police to prove an item is stolen - not on the suspect to prove they bought it.
Under the Ordinance, the onus of proof lies with the accused, while normal judicial course calls the prosecution or the complainant to prove the charges framed with the help of personal, material and/or circumstantial evidences.
Now that the Native Title Act has shifted the onus of proof back to those asserting native title, will we see the reassertion of the argument that 'sovereignty' is logically and politically the prior issue for indigenous Australians?
After Todd, the onus of proof is surely on those who wish to claim Athenian democratic law as in any vital sense similar, let alone ancestral, to our own.
The onus of proof on appeal rests with the UI appellant.