burden of proof

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Related to Evidentiary burden: Preponderance of evidence, Standard of proof, Onus of proof, Air of reality

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 ?
Compared with the evidentiary burden for proving the breach of a trade secret, this evidentiary burden is far lower and easier to satisfy.
However, for the second question, the Court never explicitly stated the evidentiary burden on the defendant to meet his burden of persuasion.
162) Mandated repatriation on a group scale is the last stage, implemented after the fear of persecution causing flight is extinguished and the evidentiary burden established by UNHCR is satisfied.
Having nonclass individual and business plaintiffs bear their traditional burden of proving subjective reliance in damages actions based on affirmative misrepresentations, however, should not impose an unreasonable evidentiary burden or substantially impede such actions.
Writing for a unanimous Court, Justice Stevens overruled the Oklahoma Court of Criminal Appeals, holding that the "clear and convincing" evidentiary burden on a defendant to prove his incompetence "is incompatible with the dictates of due process.
In other words, if a claimant is obligated to meet the new heightened evidentiary burden of proving an industrial accident is the most preponderant cause of the disability or need for treatment, should the employer still be able to escape a portion of its liability for the resulting disability, which is directly related to the need for treatment?
The formal hearing provisions of the APA have long required, when facts are at issue, that the party with the burden of proof/persuasion must, unless otherwise provided by law, meet its evidentiary burden by a preponderance of the evidence.
Another alternative might call for the remedy that is most likely to leave in place the real world status quo ante--regardless of which party happens to shoulder the relevant evidentiary burdens.
In the final rule, FERC soothed INGAA's concerns, saying it did not mean to establish a new standard of review or impose different evidentiary burdens specific to these rules.
In the final rule, FERC soothed INGAA's concerns saying it did not mean to establish a new standard of review or impose different evidentiary burdens specific to these rules.
procedural and evidentiary burdens and benefits bestowed on the
While Title VII evidentiary burdens have been clear for years, courts continue to wrestle with what the exact burdens are in an age discrimination claim.