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
References in periodicals archive ?
I'm not sure if we are struggling with semantic murkiness, but my sense is that you want to endorse what I described in paragraph 5 in my previous email: there can be no legal burden of proof in a refugee claim.
This article commences by giving an overview of the appearance of super-tribunals such as SAT on the Australian scene; it then provides an overview of what is generally understood by the concepts of burden of proof and standard of proof; and concludes with an investigation of the decisions of SAT to demonstrate the nuances in a super-tribunal as to who bears the burden of proof and what standard of proof is required.
If we think about the burden of proof as doing substantive work in relation to justice, the question of sufficient evidence might be reframed as follows: In the context of litigation about the rights of marginalized people, what are the obligations of a judge when deciding on a community of reference?
The meaning of burden of proof in Wright Line and Transportation Management--specifically whether it referred to the burden of persuasion or burden of production--came under scrutiny in Director, Office of Workers' Compensation Programs v.
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.
6) The MCM, however, fails to specify the required burden of proof for determining guilt in nonjudicial punishment proceedings.
The IRS Restructuring and Reform Act introduced IRC section 7491(a)(1), which states that if a taxpayer introduces credible evidence about any factual issue relevant to ascertaining the liability for any tax imposed by subtitle A or B, the IRS will have the burden of proof with respect to such issue.
But the House of Lords yesterday overturned this decision, arguing it was a violation of human rights and the burden of proof should be on the prosecution.
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.
1971), the Florida Supreme Court held that the presumption of undue influence no longer shifted the burden of proof to the alleged undue influencer in will contests.
As a result, scale indeterminacy poses a serious problem for value-added assessment, The burden of proof is on its practitioners to show that ratings assigned to educators do not vary when alternative (but in all essential respects, equivalent) scales are used, That burden of proof has not been met.