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 ?
In 1986, the United States Supreme Court decided three cases that modernized the federal summary judgment standard by incorporating the parties' evidentiary burdens at trial to determine whether a genuine issue of material fact exists.
Compared with the evidentiary burden for proving the breach of a trade secret, this evidentiary burden is far lower and easier to satisfy.
Oklahoma's discovery rule with the heightened evidentiary burden.
The only evidentiary burden that the Court noted is that the defendant must only raise an inference to establish a prima facie case.
The substantive evidentiary burden of proof that the respective parties must meet at trial is the only touchstone that accurately measures whether a genuine issue of material fact exists to be tried.
8) However, the prevalent view of the required evidentiary burden claims that the plaintiff-friendly Price Waterhouse framework should be available to a plaintiff as long as his or her evidence of discrimination is directly tied to the decisionmaking process at issue.
The Court's holding emphasized the procedural manner in which succession arises, and the resultant evidentiary burden that is created.
Thus, Mattco's cause of action is analogous to a legal malpractice case in which an attorney is accused of losing a plaintiff's case through negligence, and the same evidentiary burden applies.
142) PRASA's data were insufficient to satisfy its evidentiary burden because they indicated at best that modified discharge would be minimal or uncertain when compared to other dischargers in the marine environment.
2777), that the case "does not pose a strong evidentiary burden on employers to validate selection devices" (p.
In seeking a reversal of the lower courts, department lawyers have told the High Court that the previous ruling "endangers continued access to law enforcement sources by the FBI and other agencies because it imposes an evidentiary burden that will, in many instances, be impossible to meet.