burden of proof

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Related to Burden of persuasion: burden of proof, Clear and convincing evidence

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

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
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′


n.
the obligation to offer credible evidence in a court of law in support of a contention or accusation.
[1585–95]
Random House Kernerman Webster's College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.
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
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.
References in periodicals archive ?
The court also said the appellants could not avail themselves of an exception to issue preclusion when the party against whom preclusion is sought had a significantly heavier burden of persuasion with respect to the issue in the initial action than in the subsequent action, or when the burden has shifted from one party to the other.
As some scholars have pointed out, another widely overlooked reason the qualified immunity doctrine is extremely complex is that it does not account for the fact that the appropriate summary judgment procedure is dependent on which party bears the burden of persuasion on the relevant factual issues.
At a very young age, Nor learned to fear her mother, Fern, whose burden of persuasion drew ardent followers from all over the world.
In this way, burden of proof presumptions impact the burden of persuasion on the respective parties.
(1) the relief sought; (2) the burden of persuasion and burden of proof; (3) the facts in issue as believed by counsel and supported by the evidence; (4) a list of evidence and witnesses to be produced; (5) argument and the legal authority upon which the argument is based and contrary legal authority of which counsel is aware; and (6) a conclusion that restates the relief sought.
Ryan takes on the burden of persuasion and brings this case to the public at large, hiding under the veil of fiction what she cannot expose in the court of law.
There is no statute for the defense of being misinformed or otherwise prevented from registering, and the case law is silent as to (1) which party bears the burden of persuasion of the affirmative defense and (2) the standard for the burden of persuasion.
Defendants have the burden of persuasion on any justification for a
Finally, just as plans have recently been modified to include reasonable internal statutes of limitations and favorable venue provisions, plans may also be amended to provide that, in all circumstances, the burden of production and burden of persuasion is on the claimant.
(133) However, this burden allocation appears to place the burden of production on the detainee, but the ultimate burden of persuasion on the government.
On the question of whether a mark has in fact acquired distinctiveness, the applicant bears the ultimate burden of persuasion. ACS Ayoub Carpet Service's application to register the mark Ayoub was initially rejected on the basis that it was primarily merely a surname.
In addition, we agree with the Secretary that, once the ERISA plaintiff has proved a breach of fiduciary duty and a prima facie case of loss to the plan or ill-gotten profit to the fiduciary, the burden of persuasion shifts to the fiduciary to prove that the loss was not caused by, or his profit was not attributable to, the breach of duty ...