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 ?
Balance of Probabilities, a threshold of proof used in civil cases (as opposed to criminal cases, which rest on "beyond reasonable doubt") was famously described by British judge Lord Denning as "more probable than not.
lt;/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.
E]vidence must always be sufficiently clear, convincing and cogent to satisfy the balance of probabilities test.
Coroner Philip Walters said: 'The balance of probabilities is that death was due to natural causes.
It was reasonable to dismiss the claimant, on the balance of probabilities and in all the particular circumstances of the case, taking into account an unexpired final written warning.
The result of the racecourse inquiry surprised many, but stewards' secretary Simon Cowley said: "The stewards felt, in the balance of probabilities that, but for the interference a few strides from the line, Or Sing About would have won.
Derek Round, local secretary of the teaching union NASUWT, which is now helping the man, said: "The local authority does not have to consider cases on the same basis as a court; the burden of proof for the authorities is on the balance of probabilities rather than beyond reasonable doubt as would be the case in court - a quite significant and crucial difference.
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.
On the balance of probabilities, it seems more likely that either he didn't have the min the first place or they were destroyed before hostilities began.
In other words, the Court must be satisfied, on a balance of probabilities, that there are reasonable grounds for the fear.
Deputy Gloucestershire coroner David Dooley told the inquest: "On the balance of probabilities I believe it is more likely than not the poisoning came from the meal.

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