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 ?
One way to respond to equality values in the context of the burden of proof would be to say that the court carries an obligation to attempt to place the evidence of a marginalized claimant in a context which gives it meaning, to imagine a world in which that person's claims make sense.
To answer this question, burden of proof must be defined, and more specifically, the burdens of proof available to commanding officers in Article 15 proceedings must be described.
This article reviews Florida's common law rules on the shifting burden of proof in presumption of undue influence cases, explains Florida's statutory framework for applying presumptions, addresses the failure of Florida courts to apply the presumption statutes to undue influence cases, and examines the new statute.
Winner of the race two years ago when he beat Burden Of Proof, then trained by Charles O'Brien, by three lengths, Ramooz finished fourth behind that horse a year ago.
In other words, for the burden of proof to shift to the government, a taxpayer must help the government meet that burden.
The effect of the five Court of Appeals decisions is to lighten the burden of proof for those assaulted.
Shifting the burden of proof is important because it [changes] the dynamic of negotiations between the IRS and the taxpayer," says Montgomery.
Although Burden Of Proof had little real diificulty in landing the Listed Waterford Testimonial Stakes, Festival Hall only got up in the dying strides to claim the Group Three Juddmonte Beresford Stakes.
Tebbutt dictated a slow early pace, quickened the tempo turning into the straight and held compatriot Wizard King by a length with Burden Of Proof two lengths away third.
With respect to alleged unreported income, the IRS has the burden of proof.
Specifically, the Court explained that in order for a plaintiff to carry the required burden of proof, the plaintiff must demonstrate that the legitimate nondiscriminatory reason offered by the employer to explain the employment action is false and the true reason was motivated by unlawful discrimination.
On November 9, 1990, the Commission submitted to the Council of the European Communities a proposal to shift the burden of proof in cases involving services.