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 ?
As a result of the wide jurisdiction of SAT, the respective streams in which SAT is organised, have adopted a slightly different approach as to who bears the burden of proof and what is the required standard of proof.
13) So, for Smith JA, the burden of proof borne by the claimants is not discharged, because they have not provided evidence about the effects of the law on communities beyond the DTES, or the alternatives that might have been available to Parliament to fulfill its objectives.
40) Nevertheless, under the standard set forth in Greenwich Collieries, the General Counsel should have had the burden of persuasion to show that the union connection was a motivating factor in his discharge in order to shift the burden of proof.
The high court had ruled in February last year that the burden of proof lay with the man, who needed to prove the damage was accidental.
Section V concludes that all military commanders should apply the burden of proof of beyond a reasonable doubt when adjudicating nonjudicial punishment.
Prior to the changes, a taxpayer contesting an IRS audit had the burden of proof to show in court that the tax deficiency was in error or that a tax refund was due.
It also specified that while a citizen designated as an "unlawful combatant" can challenge that designation, the burden of proof in such a case rests on the accused.
In negligence and products liability cases, for example, the doctrine has evolved that the burden of proof on the issue of causation may be shifted to the defendant when demanded by public policy considerations.
With its acceptance into the World Trade Organization (WTO), China agreed that the burden of proof would be on its shoulders for demonstrating that it deserves a change in treatment from non-market to market economy status.
The appeals court affirmed, finding that once the state established that the statutory two-year period after enactment of the Prison Litigation Reform Act (PLRA) had elapsed, the inmates had the burden of proof to demonstrate that there were ongoing violations and that the relief was narrowly drawn.
Q: Who has the burden of proof in an employment tribunal in cases of sex, race and disability discrimination - will this be the same for the religion, belief and sexual orientation legislation?
Another is that--despite appeals through posthumous citizenship, army educations and jobs, and the burden of proof to show patriotism--the majority of people of color do not support war.