Definition of Burden of proof

Babylon English
burden of proof
responsibility of proving, responsibility that is laid upon one of the sides of a court case to prove a specific issue

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Burden of proof definition was found in categories: Language, Idioms & Slang(2)  Law(6)  Encyclopedia(1)  

Burden of proof Definition from Language, Idioms & Slang Dictionaries & Glossaries

WordNet 2.0
burden of proof

Noun
1. the duty of proving a disputed charge
(hypernym) duty, responsibility, obligation

hEnglish - advanced version
burden of proof

burden of proof
[l. onus probandi] (law), the duty of proving a particular position in a court of law, a failure in the performance of which duty calls for judgment against the party on whom the duty is imposed...
see also burden




The 'Lectric Law Library
Burden Of Proof
The obligation of a party to prove his allegations during a trial. Typically, the plaintiff must prove whatever allegations he included in his complaint in order to win his case. The defendant is given the opportunity to submit evidence to rebut the plaintiff's case. To rebut generally means to contest a statement or evidence presented by another.

The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.

This phrase is employed to signify the duty of proving the facts in dispute on an issue raised between the parties in a cause.

The burden of proof always lies on the party who takes the affirmative in pleading.

In criminal cases, as every man is presumed to be innocent until the contrary is proved, the burden of proof rests on the prosecutor, unless a different provision is expressly made by statute.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.

Duhaime.org Legal Dictionary
Burden of proof
A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. - (read more on Burden of proof)
  

Law Dictionary
Burden of proof
1. The duty of a party to substantiate an allegation or issue,either to avoid dismissal of that issue early in the trial or to convince thecourt of the truth of that claim and hence to prevail in a civil or criminalsuit. 2. The duty of a plaintiff, at the beginning of a trial, to make a primafacie showing of each fact necessary to establish the existence of a cause ofaction; referred to as the duty of producing evidence (also burden of evidenceor production burden). 3. The obligation to plead each element of a cause ofaction or suffer a dismissal; referred to as the pleading burden.

Divorcesource.com Dictionary
BURDEN OF PROOF
one spouse must prove to the court any claims made against the opposing spouse. The claims must be supported with sufficient evidence.

TAO OF DIVORCE A - Z
Burden of Proof
The party asserting a claim must prove such claim is true. In divorce, each party making a claim for a fault divorce must prove such fault.

Massachusetts Divorce Law Dictionary
Burden of Proof
The party asserting a claim must prove such claim is true--in civil cases the party must prove the claim by a preponderance of evidence. In criminal cases, proof must be beyond a reasonable doubt.


Burden of proof Definition from Encyclopedia Dictionaries & Glossaries

Wikipedia English - The Free Encyclopedia
Burden of proof
For Burden of Proof use in Rhetoric seeBurden of proof (rhetoric)

In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.


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