burden of proof


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burden of proof

The requirement and obligation of providing sound, reasonable evidence supporting a charge or allegation. Originating and used primarily in law, it can be applied more broadly to any situation in which a contentious dispute arises. In court, the burden of proof always rests on the plaintiffs and the prosecutors. The burden of proof is on you to show that the computer was broken before you bought it.
See also: burden, of, proof

burden of proof

Obligation of proving a disputed charge or allegation. For example, Are you sure you mailed the tax return on time? The burden of proof's on you. A legal term dating from the late 1500s, it has also been used more loosely in recent times.
See also: burden, of, proof

burden of proof, the

The obligation to support a contention by presenting adequate evidence. The term is a translation of the Latin onus probandi and was used in English courts of law from the late sixteenth century on. Transferred to any situation in which there was an obligation to prove something, it became a cliché in the nineteenth century. Attorney-novelist Scott Turow used it as the title for a popular novel involving a suicide and lawsuit (1990).
See also: burden, of
References in periodicals archive ?
The next question is how to determine whether a rebuttable statutory presumption affects the burden of producing evidence under [section]90.302(1) or the burden of proof under [section]90.302(2).
I think, however, that you conflate two separate questions: (a) who has the burden of proof?; and (b) what is required to discharge that burden?
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.
Locating the dispute squarely in the provincial and local community affects Rowles JA's constitutional analysis, but it also has consequences for her approach to the evidence and the burden of proof. Placed in this context, the evidence establishing that Insite does reduce harm from drug use, including the risk of fatal overdose, firmly supports the claim about arbitrariness: a law which aims to promote health and safety but instead promotes disease and risk of death is arbitrary indeed.
(18) In Doyle, the Court described the employee's burden of proof to show that his constitutionally protected activity was a substantial, motivating factor of his discharge.
After meetings with the bill's author and sponsor, conceptual agreement was reached that California's existing burden of proof would not be changed and the increased penalties would only apply to actual tax evasion situations.
The Commercial Code requires automobile and other damage insurance to cover ''unanticipated accidents'' in a provision generally taken to lay the burden of proof on claimants, but the Supreme Court ruled the other way in December 2004 in a fire insurance case.
Separately, the Appellate Court panel concluded that the burden of proof under IFPA was a clear and convincing evidence standard.
Writing for the 6-to-2 majority, (2) Justice O'Connor, who had agreed to remain on the Court until approval of her replacement, first pointed out that the Individuals with Disabilities Education Act (IDEA) is silent with regard to burden of proof (the term she used when referring to burden of persuasion) and that, with very few exceptions, the normal rule in cases where the statute does not specify otherwise is that the moving party (i.e., the side that brings the cause of action) bears the burden of proof.
The Manual for Courts-Martial (MCM) fails to specify the required burden of proof for a commanding officer to determine guilt when administering nonjudicial punishment.
Weast whether parents or school systems bear the burden of proof in disputes over children's individualized education programs (IEPs).
One of the law's provisions shifted the burden of proof from the individual taxpayer to the IRS in the U.S.
The change that I noticed at both shows is that the burden of proof seems to be gone.
The Individuals with Disabilities Education Act does not specify whether parents or school districts have the burden of proof in special education litigation.
He wants ``a change in the burden of proof, with licences for extended opening only being granted to clubs and pubs able to demonstrate a record of social responsibility and care for the welfare of their customers.