burden of proof

(redirected from Standard of proof)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia.

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 ?
Second, the standard of proof is used to "indicate the
The MIN operator provides that belief in the conjunction will match the least likely element, which has already passed the standard of proof.
Justice Breyer (37) concurred in the opinion but wrote separately to emphasize that the evidentiary standard of proof applies to questions of fact and not to questions of law.
The resulting Supreme Court certification was limited solely to establishing the appropriate standard of proof for an IFPA violation, and the Court determined that the standard was "a preponderance of evidence," the least demanding of the three evidentiary standards (preponderance of evidence, clear and convincing evidence, and proof beyond a reasonable doubt).
5) The second premise is that, assuming that the amount of certainty in capital cases ought to be higher, the best way to accomplish this is through the use of a different jury instruction on the standard of proof.
As for the defendant, the management of his case according to any standard of proof would cost $300, but a plea bargain would reduce trial expenses to zero.
The Armed Forces (Pensions and Compensation) Bill proposes changes to the burden and standard of proof and the deadline for applications for the pensions, according to the Legion.
A lesser standard of proof is required to establish liability in a Civil Court.
The standard of proof is "clear and convincing evidence.
Working against prosecutors, though, is the high standard of proof carried by a criminal act.
However, I disagree with his assertion that the "lowest standard of proof, called preponderance of evidence" is in fact the lowest standard of proof one must achieve during a workplace investigation.

Full browser ?