burden of proof

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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 ?
There is no statute for the defense of being misinformed or other-wise 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.
This diagrammatic representation of the burden of persuasion appears to be compatible with traditional probability.
Again, this diagrammatic representation of the traditionally viewed burden of persuasion appears fairly compatible with traditional probability.
110) Based on these textual differences, the Court concluded that, in ADEA cases, the burden-shifting analysis of Price Waterhouse and Desert Palace does not apply, and, therefore, that "[t]he burden of persuasion does not shift to the employer to show that it would have taken the action regardless of age, even when a plaintiff has produced some evidence that age was one motivating factor in that decision.
The plaintiff bears the burden of persuasion on the elements of her claim.
The First Circuit, however, failed to recognize the impact that the burden of persuasion requirement from Greenwich Collieries could have on future cases with a less persuasive record.
193) Nothing prevents the courts, in discrimination cases litigated under the direct method, from shifting the burden of persuasion under certain circumstances.
The Court found the parents' most plausible argument was a fairness argument: the school districts have an advantage in information, expertise, and resources and therefore should bear the burden of persuasion.
affirmative defense and placed the burden of persuasion on the
39) Two rationales support the Burdine opinion: (1) the burden of persuasion on a particular issue, as an established principle of evidence, never shifts, (40) and (2) the McDonnell Douglas progressive burden shifts should "bring the litigants and the court expeditiously and fairly to [the] ultimate question.
35) The burden of persuasion then shifted to the defendant, MAC, to apportion out the enhanced from the non-enhanced injuries.
On 15 March 2000, the federal district court in Maryland reversed and remanded the case to the hearing officer, holding that the district bore the burden of persuasion.