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 ?
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.
In another insurance case, the Supreme Court said in April 2001 the burden of proof lies with the claimant as for injury because otherwise it becomes easy to make illicit claims.
19) The burden of proof influences the relative frequency of erroneous outcomes; thus the application of a particular burden of proof to a case is an indicator of the level of protection society places on a particular individual interest.
A: The burden of proof on sex and race discrimination is on the respondent (the employer).
2) The presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss.
Saying a recent Supreme Court decision shifted too much of the burden of proof to defendants in "slip-and-fall" cases, a Senate committee has approved a bill setting a new standard.
The directive, which came into effect on October 12, moves the burden of proof in employment tribunal proceedings on to the respondent.
It caps punitive damages, eliminates automatic attorney fees, and raises the burden of proof in abuse cases.
The ordinary juror could be misled into thinking that the burden of proof is to a "reasonable certainty" yet, immediately following that phrase another seemingly contradictory aspect of the burden of proof; "by the grater weight of credible evidence is used.
We need a system that lets us check things beforehand, that shifts the burden of proof onto those that would introduce them," William Brown, science advisor to the U.
This puts the burden of proof on the accused, rather than in the case of a criminal offence where the burden of proof of guilt lies with the prosecution.
She is concerned that "the effect of the regulation will be to shift the burden of proof from the Commission to establish the need for CR-packaging to a drug manufacturer to prove the lack of such need.