burden of proof


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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.

burden of proof

n
(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

bur′den of proof′


n.
the obligation to offer credible evidence in a court of law in support of a contention or accusation.
[1585–95]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.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
References in periodicals archive ?
Whether it s ministers changing primary legislation without Parliamentary approval; regulators imposing huge financial penalties with no understandable scale; retrospective legislation; laws which rely on undefined concepts like fairness or adequate procedures ; reversing the burden of proof to require innocence rather than guilt to be proven, more and more we are seeing uncertainty and unfairness challenging the very principles of the rule of law.
Roland Gutierrez, D-San Antonio, said he was concerned that changing the "long-standing" standard for burden of proof in judicial bypass cases could lead to changes in other areas of law.
Transport Scotland said there was no "robust evidence" to back changing the burden of proof.
The government continues leveling unfounded accusations against Doral and has engaged in delay tactics in and out of court because it knows that it cannot meet the burden of proof that the court has ordered.
If a claim is made for an item subject to a law restricting its possession or sale, then I strongly disagree with the reader's assertion that the burden of proof rests with the carrier to prove the illicit nature of the item.
Smith must bear the burden of proof since it has already demonstrated that he was part of the conspiracy at one point and that the conspiracy continued.
Under these audits, because the burden of proof was one-sided, many small-business owners felt compelled to pay the DRA the 8.
However, the notion of the burden of proof is most useful when taken beyond the quantitative: it is not simply a matter of "more" or "less" evidence.
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.
The adoption of a uniform burden of proof would eliminate these problems.
The Bush administration, however, has filed a brief that sides with the position of the Maryland school district in the case and says that the burden of proof should fall on the party seeking relief in an IDEA administrative hearing.
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.