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 approach this argument is through the claim that it is loss-of-chance causation, rather than the balance of probabilities standard, that provides optimal deterrence.
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.
On the balance of probabilities he, neither acting alone or in conspiracy with other officers, deliberately inserted song titles into his evidence," the Independent Police Complaints Commission said.
I'm not convinced to a level of certainty, but I think on the balance of probabilities, that it is more likely than not that Claire had some knowledge to what her daughter had done, prior to Monday morning.
Brunton said: "On the balance of probabilities, part of the rubbish that Mr Jones had accumulated in his bedroom collapsed on his body, which caused asphyxia.
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.
Teesside Coroner Michael Sheffield said he accepted Mrs Nichols had not drowned and, on the balance of probabilities, died due to natural causes.
Scotland lost all their games last year and it is not likely for a team to lose all their matches again the following season - so on the balance of probabilities they are due some success.
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.
After studying all the evidence, the disciplinary committee was not satisfied that on the balance of probabilities, that the action by Lewis Moody was deliberate and the citation was dismissed, " said ERC in a statement.
A High Court judge ruled, on the balance of probabilities, Worthington, of Barrow, had assaulted Poppi.
On the balance of probabilities that''s what ultimately led to his sudden death.

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