burden of proof

n. Law

The duty of presenting a certain amount of evidence in order to meet the legal requirements for establishing the entitlement of the party in a case to the outcome sought.

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

burden of proof

(Law) law the obligation, in criminal cases resting initially on the prosecution, to provide evidence that will convince the court or jury of the truth of one's contention

Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014

bur′den of proof′

the obligation to offer credible evidence in a court of law in support of a contention or accusation.

[1585–95]

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Noun

burden of proof - the duty of proving a disputed charge

duty, obligation, responsibility - the social force that binds you to the courses of action demanded by that force; "we must instill a sense of duty in our children"; "every right implies a responsibility; every opportunity, an obligation; every possession, a duty"- John D.Rockefeller Jr

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References in classic literature

Feeling that the burden of proof was laid upon her, Mrs.

View in context

"Doe challenges the allocation of the burden of proof at his custody redetermination hearing under the Due Process Clause.

Habeas corpus - Custody redetermination - Due process - Burden of proof

The Supreme Court held that (1) the Court of Appeals is bound by Supreme Court precedent; (2) because the state contended that the defendant was competent to stand trial on criminal charges, the state bore the burden of proving the defendant's competence; and (3) because it could not be certain that the District Court would have reached the same competency determination had it applied the correct burden of proof, a remand to the District Court was required.

Supreme Court Digest: Dec. 19

Khawaja Haris, in his final arguments, said the prosecution had put the burden of proof on the defence side, as they could not prove that the London flats were owned by Nawaz Sharif.

Prosecution failed to prove its case against Nawaz: Haris

Conversely, a presumption that affects the burden of proof does not vanish.

Bursting Bubbles: Evidentiary Presumptions in Personal Liability Assessments

So while we agree that the "double burden of proof" is the most patent manifestation of the problem, it seems to me to flow from the counterfactual factual presumption.

Should We Presume State Protection?

"Our stance was that as the opposition was alleging, it should bear the burden of proof," he said.

Govt wants comprehensive accountability law: Barrister Zafarullah

States are allowed to determine their own burden of proof, but the same burden of proof must apply whether the taxpayer is petitioning for, or the tax administrator is requiring, the use of an alternative apportionment method.

Multistate tax compact amendments may have major effect on states

Transport Scotland said there was no "robust evidence" to back changing the burden of proof.

PUSH FOR BIKE LAW; Cyclists' advocate claims 101 deaths show need for shift in burden of proof