burden of proof

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Related to Preponderance of evidence: burden of proof, Clear and convincing evidence

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 ?
These include detention decisions in Afghanistan, where recently revised Department of Defense guidelines establish military review panels applying a preponderance of evidence standard to all reasonably available information.
Some fear the program will make it easier for majority-owned firms to qualify as SDBs by lowering the standard of proof to a preponderance of evidence rather than clear and convincing evidence.
However, the report also found that "the preponderance of evidence indicated that the sexual activity was consen sual.
Pessimists demand masses of incontrovertible evidence, while optimists accept the coherence of logic and the preponderance of evidence.
Delaware(20) for the proposition that the appropriate standard necessary to raise an affirmative defense of insanity was "a preponderance of evidence.
TEI's recommended language incorporates the preponderance of evidence standard by stating that taxpayers are required to provide "sufficient" evidence (i.
Even today, despite the preponderance of evidence unavailable to Newton that life is a purely material phenomenon, people still speak of immaterial vital forces such as ch'i, ki, prana, and psychic energy, which have no scientific basis.
Denying the overwhelming preponderance of evidence that Serbia was responsible for the conflict, senior officers took every opportunity to find fault with Croatian and Bosnian efforts to defend themselves.
While there is no evidence of a highly toxic effect," the researchers concluded, "the preponderance of evidence suggests some degree of toxicity was present.
With the overwhelming preponderance of evidence which we are now able to present for this revolutionary technology, proving that Nansulate pays for itself in real dollar energy savings in a short period of time and protects factories and equipment from corrosion and chemical damage at the same time, it has become a much easier decision for companies with serious sustainability initiates to implement the use of our award winning products into their standard energy saving protocols.
They argue that the preponderance of evidence is too minimal a standard to prove that misconduct occurred.
Selectmen, following legal precedents provided by the courts, did not find a preponderance of evidence that the staff at the Route 140 tavern served a person showing evidence of intoxication.