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.
Farlex Financial Dictionary. © 2012 Farlex, Inc. All Rights Reserved

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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
(22) </pre> <p>In his view, it followed from this that the difficulty that courts will necessarily encounter in understanding and appropriately applying statistical evidence militated in favour of maintaining the simpler, balance-of-probabilities standard as the sole test for factual causation.</p> <pre> It is always likely to be much easier to resolve issues of causation on balance of probabilities that to identify in terms of percentage the effect that clinical issues of causation had on the chances of a favourable outcome.
"I am therefore satisfied on the balance of probabilities that Gareth was killed unlawfully."
Her allegations that Mr Gilyeat, 52, had a vendetta against her over the alleged extra-marital affair were dismissed "on the balance of probabilities", Judge Shooter said.
To secure a conviction in a civil court it is only necessary to prove an offence "on the balance of probabilities".
Specialist Dr Leslie Davidson told Teesside Coroner's Court that the tumour that caused the death of Leonard Wheatley, 82, of Moresby Close, Beechwood, Middlesbrough, was, on the balance of probabilities, not caused by asbestos.
The standard that applies in civil cases is the balance of probabilities and the court has ruled that the money was probably retained for tax evasion purposes or false accounting and was correctly seized.'
In other words, the Court must be satisfied, on a balance of probabilities, that there are reasonable grounds for the fear.
During a hearing, supermarket worker Paul Worthington, 48, was believed by a judge, "on a balance of probabilities", to have sexually assaulted his 13-month-old daughter shortly before her sudden death in 2002.
Mr Gittins said on the balance of probabilities, given Mr Jones drunken condition, it was consistent with him knocking over the heater.
A forfeiture order was made under the Proceeds of Crime Act 2002 against the cash seized and a district judge has ruled that the cash was, on the balance of probabilities, money from drug dealing.
Coroner David Mitford told the inquest that "on the balance of probabilities", Ms Allan had failed to seek the appropriate help in time.
On the balance of probabilities, some AMs must be honest, but they have failed to expose the misdemeanours of their less honest fellows.

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