burden of proof

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Related to Preponderance of evidence: 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 ?
These include detention decisions in Afghanistan, where recently revised Department of Defense guidelines establish military review panels applying a preponderance of evidence standard to all reasonably available information.
The two laws require that the cultural affiliation of Native American human remains be assessed based on a preponderance of evidence, a different and much less rigorous standard than previously applied.
Challenging Sprawl is actually a compilation of articles, white papers, and outlines that builds a case for smart growth through a preponderance of evidence.
Some fear the program will make it easier for majority-owned firms to qualify as SDBs by lowering the standard of proof to a preponderance of evidence rather than clear and convincing evidence.
However, the report also found that "the preponderance of evidence indicated that the sexual activity was consen sual.
There is a preponderance of evidence that export markets have weakened dramatically.
Delaware(20) for the proposition that the appropriate standard necessary to raise an affirmative defense of insanity was "a preponderance of evidence.
TEI's recommended language incorporates the preponderance of evidence standard by stating that taxpayers are required to provide "sufficient" evidence (i.
The preponderance of evidence that has been accumulating for 20 years is that it's not only safe but sensible to cook potatoes in their skins.
Even today, despite the preponderance of evidence unavailable to Newton that life is a purely material phenomenon, people still speak of immaterial vital forces such as ch'i, ki, prana, and psychic energy, which have no scientific basis.
Denying the overwhelming preponderance of evidence that Serbia was responsible for the conflict, senior officers took every opportunity to find fault with Croatian and Bosnian efforts to defend themselves.
While there is no evidence of a highly toxic effect," the researchers concluded, "the preponderance of evidence suggests some degree of toxicity was present.