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 ?
I think that the POSP puts the legal burden on a claimant to make out a well-founded fear of being persecuted on a standard of proof of reasonable chance or serious possibility.
Australian Competition and Consumer Commission v Universal Sports Challenge Ltd ('Universal Sports') was the first case in which serious attention was paid to the possibility that s 51A(2) does not place the legal burden of proving reasonable grounds on the representor.
The study's emphasis was on how the law could be employed to ban smoking in the home by putting the legal burden on the landlord to impose the "no smoking" rules.
That finding raised Jewell's legal burden because a public figure must show that a publication not only printed an inaccuracy but that it knew or suspected the information to be false.
It helps us to relieve a legal burden, as it protects the residents without putting them in jeopardy from restraints.
In all cases, the legal burden remains on the lender to enforce the mortgage obligation.
The legal burden is on the operators of Web sites to restrict access by "requiring use of a verified credit card, debit account, adult access code, or adult personal identification number." In complying with the law, some sites have created "authentication walls" that require only a driver's license.
He gives a clear explanation of how the legal burden of proof initially and ultimately falls on the faculty member charging discrimination.
He warned that owners who believe they have passed along this burden through their contract on net leased property could still be sued and their insurance company involved since the legal burden is on the owner.
Why are two of the four mining companies willing to shoulder the legal burden of the appeal, when all stand to benefit equally if the appeal prevails?
In the 1972 law creating the Consumer Product Safety Commission, Congress put on distributors and retailers the same legal burden of disclosure it put on manufacturers: Each and every one who obtrains information "which reasonably supports the conclusion that such product .