burden of proof
bur·den of proof: the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue
the burden of proof is sometimes upon the defendant to show his incompetency — W. R. LaFave and A. W. Scott, Jr. compare standard of proof
◇ The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof.

Merriam-Webster’s Dictionary of Law. . 1996.

burden of proof
n.
A party’s duty to furnish sufficient evidence to sustain an allegation.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


burden of proof
the task of making out a case. In adversarial proceedings, the onus, or burden, of proof begins with the plaintiff, pursuer or prosecutor who has set the action in motion. The burden may shift in civil cases if the party establishes a prima facie case that is in all respects sufficient. There are two main standards, viz. proof on balance of probabilities and proof beyond a reasonable doubt.

Collins dictionary of law. . 2001.


burden of proof
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury by a preponderance of the evidence that the plaintiff's version is true — that is, over 50% of the believable evidence is in the plaintiff's favor. (That said, the burden of proof may shift to the defendant if the defendant raises a factual issue in defense to the plaintiff's claims.) In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
Category: Criminal Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

burden of proof
USA
A party's duty to produce sufficient evidence to support an allegation or argument. Plaintiffs in civil cases typically have the burden of proving their allegations by a preponderance of the evidence. In criminal cases, the prosecution typically has the burden of proving its allegations beyond a reasonable doubt.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


burden of proof
A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact.

Dictionary from West's Encyclopedia of American Law. 2005.


burden of proof
I
A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact.
II In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

burden of proof
n.
   the requirement that the plaintiff (the party bringing a civil lawsuit) show by a "preponderance of evidence" or "weight of evidence" that all the facts necessary to win a judgment are presented and are probably true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt," a much more difficult task. Unless there is a complete failure to present substantial evidence of a vital fact (usually called an "element of the cause of action"), the ultimate decision as to whether the plaintiff has met his/her burden of proof rests with the jury or the judge if there is no jury. However, the burden of proof is not always on the plaintiff. In some issues it may shift to the defendant if he/she raises a factual issue in defense, such as a claim that he/she was not the registered owner of the car that hit the plaintiff, so the defendant has the burden to prove that defense. If at the close of the plaintiff's presentation he/she has not produced any evidence on a necessary fact (e.g. any evidence of damage) then the case may be dismissed without the defendant having to put on any evidence.

Law dictionary. . 2013.

Look at other dictionaries:

  • Burden of proof — may refer to: Legal burden of proof Philosophic burden of proof Scientific burden of evidence Other The Burden of Proof, a 1990 novel by Scott Turow The Burden of Proof (film), a 1992 film based on the above novel Burden of Proof (CSI episode) …   Wikipedia

  • burden of proof — ˌburden of ˈproof noun [singular] LAW the task of proving that a statement made in a court of law is true, especially one accusing somebody of doing something illegal or wrong: • It will not be up to the defendant to prove his innocence; the… …   Financial and business terms

  • Burden of proof — Burden Bur den (b[^u] d n), n. [Written also burthen.] [OE. burden, burthen, birthen, birden, AS. byr[eth]en; akin to Icel. byr[eth]i, Dan. byrde, Sw. b[ o]rda, G. b[ u]rde, OHG. burdi, Goth. ba[ u]r[thorn]ei, fr. the root of E. bear, AS. beran,… …   The Collaborative International Dictionary of English

  • burden of proof — ► burden of proof the obligation to prove an assertion. Main Entry: ↑burden …   English terms dictionary

  • burden of proof — n. the obligation to prove what is asserted and in dispute …   English World dictionary

  • burden of proof — noun the duty of proving a disputed charge • Hypernyms: ↑duty, ↑responsibility, ↑obligation * * * Etymology: translation of Latin onus probandi : the duty of proving a disputed presumption, assertion, or charge …   Useful english dictionary

  • burden of proof — If in some situation there is a proper presumption that something is true, anyone seeking to prove its opposite is said to bear the burden of proof. A certain amount of philosophical jockeying consists in trying to shift the burden of proof …   Philosophy dictionary

  • burden of proof —    The burden of proof is the necessity imposed by the law to prove that what one says is true.     The burden of proof lies with the claimant …   English Idioms & idiomatic expressions

  • burden of proof — noun Law 1. the legal obligation on a party who asserts a matter to adduce sufficient supporting evidence to satisfy the required standard of proof. In criminal trials, this burden rests on the prosecution (the legal burden or persuasive burden) …   Australian English dictionary

  • burden of proof — noun The duty of a party in a legal proceeding to prove an assertion of fact; it includes both the burden of production and the burden of persuasion; the onus probandi …   Wiktionary

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