burden shifting

burden shifting
v. The shifting of the burden of proof from one party to another at trial, after each party presents sufficient evidence to initially persuade the fact-finder of the truth or falsehood of a disputed fact or assertion, the burden shifts to the other party to disprove such fact or assertion.

Webster's New World Law Dictionary. . 2000.

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  • McDonnell Douglas burden-shifting — or the McDonnell Douglas burden shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim that lacks direct evidence of discrimination. It was introduced by the United… …   Wikipedia

  • shifting the burden of proof — In a lawsuit, the transfer of the obligation to prove particular facts from one party to the other. For example, the person who sued (the plaintiff) initially bears the burden of proving facts that, if no rebutting evidence is presented, would… …   Law dictionary

  • burden — bur·den n 1: something that is a duty, obligation, or responsibility the prosecution has the burden of proving every element of the offense the statute imposes undue burden s burden of pleading the necessary elements 2 …   Law dictionary

  • shifting — I adjective alternating, changeable, changing, deviating, digressive, discursive, drifting, fluctuating, inconstant, interim, roaming, roving, straying, transient, transitory, uncertain, vacillating, varying, wandering, wavering associated… …   Law dictionary

  • burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus …   Black's law dictionary

  • burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus …   Black's law dictionary

  • shifting of burden of proof — The passing of the burden of proof in the sense of the duty of producing evidence to meet the evidence produced, or the prima facie case made by one s adversary, from side to side as the trial of the case progresses and evidence is introduced by… …   Ballentine's law dictionary

  • Shifting — Shift Shift (sh[i^]ft), v. t. [imp. & p. p. {Shifted}; p. pr. & vb. n. {Shifting}.] [OE. shiften, schiften, to divide, change, remove. AS. sciftan to divide; akin to LG. & D. schiften to divide, distinguish, part Icel. skipta to divide, to part,… …   The Collaborative International Dictionary of English

  • shifting the burden of proof — Transferring it from one party to the other, or from one side of the case to the other, when he upon whom it rested originally has made out a prima facie case or defense by evidence, of such a character that it then becomes incumbent upon the… …   Black's law dictionary

  • shifting burden of tax — Employing a condition in a will whereunder certain bequests are to bear the burden of an inheritance or estate tax, thereby relieving from payment of such tax a bequest which otherwise would be chargeable therewith. Anno: 117 ALR 126; 37 ALR2d… …   Ballentine's law dictionary

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