burden of proof

(redirected from Burden of persuasion)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia.
Related to Burden of persuasion: 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 ?
180) Categorization of a defense as an affirmative defense may affect allocation of the burden of proof because the legislature may, within constitutional parameters, assign to a criminal defendant the burden of persuasion on affirmative defenses.
That equipoise is a zone means that the burden of persuasion will affect many more cases than those in which the conflicting evidence results precisely in a dead heat.
and many state legislatures placed the burden of persuasion on the
61) Consider first the scenario wherein the military judge sitting with a panel finds, as an interlocutory matter, that the accused has met his burden of persuasion.
Anyone seeking to overcome this presumption shall have the burden of proof and the burden of persuasion by clear and convincing evidence.
factors all shift the burden of persuasion from the State to the
But in those cases where the burden has shifted to the government because its deficiency notice was "arbitrary and capricious," the ultimate burden of persuasion has never shifted to the government, according to one Tax Court scholar.
There is no statute for the defense of being misinformed or otherwise prevented from registering, and the case law is silent as to (1) which party bears the burden of persuasion of the affirmative defense and (2) the standard for the burden of persuasion.
184) Yet, the Court did not elaborate on the evidentiary standard that trial courts should use to analyze whether the defendant has met his burden of persuasion.
Historically, the statutory notice of deficiency has been presumed to be correct and the taxpayer is forced to assume the initial burden of coming forward not only with prima facie evidence to support a finding contrary to that of the notice of deficiency, but also must carry the ultimate burden of persuasion on the merits of the dispute.
At the hearing, the defendant has the burden of persuasion to show that the plaintiff should be excluded because his or her "mere presence would prejudice the jury.
47) The plaintiff's burden of persuasion for this third and final element of the McDonnell Douglas/Burdine disparate treatment paradigm was heightened by the Supreme Court in St.