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 ?
If the Fifth Circuit agrees that Gubser has standing and therefore remands the matter to the district court to issue a declaratory judgement, it is almost inevitable that either Gubser or the government will appeal to the Fifth Circuit the district court's declaration as to the appropriate standard of proof.
Even leaving aside the ambiguity relating to the application of different standards of proof to the establishment of the actus reus of genocide ("fully conclusive" evidence) and the mens rea of genocide ("the only reasonable inference"), the position of the Court is problematic because it does not justify the application in the framework of state responsibility of such a high standard of proof as is applied in the establishment of individual criminal responsibility.
54) As a way out, probabilists sometimes assert that the ignorant inquirer should start in the middle where the probabilities of true and false under the applicable standard of proof are both fifty percent.
The article concludes that no simple response can be provided to answer these questions as to the burden and standard of proof in SAT and that, in essence, it is a case of the proverbial horses for courses depending under which enabling Act the proceeding is conducted.
Having argued that a standard of proof is necessary for the probable cause determination still leaves open the question: what should that standard of proof be?
First, this Part distinguishes the standard of proof, which is the
If the jurors construct a story (or stories (118)) for the whole case, or otherwise cognitively process the entirety while the trial progresses, and then the judge instructs on standard of proof, it might be that the jurors actually apply the standard to the whole claim or defense.
40) In a later case, the Federal Circuit supported this interpretation of the standard of proof, citing Congress's acknowledgement that the Vaccine Program would compensate some petitioners whose injuries were not actually vaccine-related.
If that is not enough, Cordery on Solicitors, the bible for governance of the profession, states that, in cases of gravity, the standard of proof in determining any issue of fact against a solicitor is the criminal standard.
34) Purporting to defer to the intent of the legislature, the Court found itself "in no position to judge the comparative force of [the] policy arguments" for and against maintaining the clear and convincing standard of proof, holding that "[a]ny re-calibration of the standard of proof remains in [Congress's] hands.
Microsoft also asked for the standard of proof for a patent's validity to be lowered from "clear and convincing" to "preponderance of evidence.
The form requires the lender's endorsement and not the borrower's, which enables the lender to meet the standard of proof as required by the Appraiser Independence Requirements.

Full browser ?