burden of proof

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Related to Clear and convincing: Standard of proof

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 ?
The party asserting that a patent is invalid must prove its case by clear and convincing evidence.
Experts widely expected the court would weaken the clear and convincing standard, at least for evidence not considered by the USPTO.
At the trial, the three defendants were found to have "knowingly misrepresented, concealed, or failed to disclose material facts concerning the property loss." The trial court decision was based on a "clear and convincing" evidence standard.
Connecticut: For tax years beginning after 1998, corporations must add back to Federal taxable income interest and intangible expenses/costs directly or indirectly paid to related members, unless the corporation: (1) establishes by clear and convincing evidence that the adjustments are unreasonable; (2) establishes by a preponderance of the evidence that the transaction did not have as a principal purpose the avoid ante of tax and during the same tax year, the related member paid the expense to an unrelated person; or (3) agrees in writing with the commissioner to the use of an alternative apportionment method; see P.A.
In American jurisprudence, the standard or burden of proof in a particular type of proceeding is based upon society's level of concern with the degree of accuracy in the factual findings delivered by the trier of fact.(1) The traditional "preponderance of the evidence" standard allows parties--usually engaged in a civil dispute best settled by monetary compensation--to share equally the risk in proving their claims and affirmative defenses.(2) Cases in which one party has accused another of a civil wrong with more severe implications, such as fraud, require proof by clear and convincing evidence.
Also there are neither protections requiring proof by a clear and convincing standard nor separate trials on punitive damage issues.