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.
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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 ?
Supreme Court's Attempt to Resolve the Confusion over the Proper Evidentiary Burden for Employment Discrimination Litigation in Costa v.
My reliance on criminal law is only this: my terminology distinguishes burden of proof from standard of proof, and legal burden from evidentiary burden, in the same way that Canadian law (both criminal and civil) does.
(108) Furthermore, the Board employs a strict interpretation of the AIA and USPTO rules, often reading in additional hurdles beyond what is textually obvious, particularly with respect to the evidentiary burden on patent owners in showing the patentability of proposed claim amendments.
(152) In a footnote, the supreme court in Christensen favorably quoted a thirty-one year old recitation of Alaska's directed verdict standard: "[A] directed verdict will be granted when reasonable jurors could not differ in their resolution of a disputed issue of fact." (153) Thus, unlike Alaska's summary judgment standard, directed verdict analysis incorporates the movant's evidentiary burden in determining whether a factual issue is genuinely disputed.
High Evidentiary Burden and Traps in the Enforcement Process 1.
This Part discusses new evidentiary burdens on plaintiffs; various class certification requirements (the class definition, numerosity, commonality, adequacy, and classes under Rule 23(b)(2) and (b)(3)); certification of settlement classes; "issues classes" under Rule 23(c)(4); and classwide arbitration.
periods is mainly the evidentiary burden. But when plaintiffs can
Regarding the claim that Nasheed's resignation was forced, the report stated, "Because of the seriousness of the charge [the] person who alleges illegal duress or intimidation carries the legal burden as well as evidentiary burden of proof." It noted that the only firearms surrounding the President on the day he resigned were carried by his guards, and even those were not proven to be a threat to him.
Given that companies have not retained the types of records identified by FDA, very few dietary ingredients will be able to satisfy this evidentiary burden. As a result, many dietary ingredients that were safely marketed prior to October 15, 1994, and continue to be safely marketed will be subject to NDI notification requirements, which will likely block (at least temporarily) citizens' continued access to dietary supplements, contrary to Congressional intent
(71) Instead of limiting the meaning of the presumption of validity to its evidentiary function, however, the Court chose to read the word "presume" as a term of art that carried with it a clear and convincing evidentiary burden of proof.