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 ?
Of course, Maldonado is honoured in the breach, just as other countries without a legal burden of proof on claimants find ways to reject claims anyway.
An area which remains relatively fallow from exploration, from a scientific point of view, and which causes confusion for practitioners, is how the burden of proof and standard of proof apply in super-tribunals such as SAT, where administrative review is combined with civil and commercial; vocational regulation and other jurisdictions.
Rather than re-imagining a world in which the claimants' lives are marginal to Canadian public life, interpreting the burden of proof through an equality lens has the potential to place their reality at the heart of the analysis.
38) The First Circuit's decision in Hospital Cristo conflicts with Greenwich Collieries, which equated burden of proof with burden of persuasion.
Based upon the intent behind the drafting of Article 15 and the credibility problems created by the separate services' use of different burdens of proof, there is a need for a uniform burden of proof throughout the military.
If the burden of proof were a contested issue, then the court would discuss the resolution of the issue in the body of the opinion itself.
Generally, in the relatively few non-legal malpractice cases where the burden of proof for causation was shifted, the courts found that it was impossible for the plaintiff to prove its case otherwise.
The Employment Equality (Sexual Orientation) Regulations 2003, which came in to force on 1 December 2003 and the Employment Equality (Religion and belief) Regulations 2003 on the 2 December 2003 places the burden of proof on the respondent.
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.
It's safer to adopt a presumption of nonviolence and set a very high burden of proof to justify it such that we would have to be certain that innocents would agree to being harmed in the war effort.
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.