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 ?
District courts and other authorities disagree on whether the IRS must prove willfulness by a preponderance of the evidence or by clear and convincing evidence when seeking a civil penalty for willful failure to file a Report of Foreign Bank and Financial Accounts (FBAR).
Practically, however, the true value of expanded prior user rights is only as good as an entity's ability to prove those rights with clear and convincing evidence -- a standard many underestimate.
Judge Janet Kenton-Walker issued a nine-page decision Wednesday in Worcester Superior Court in which she found that prosecutors had met their burden of presenting clear and convincing evidence that 26-year-old Gregory J.
In particular, the environmental, chemical, and medical samples we have collected provide clear and convincing evidence that surface-to-surface rockets containing the nerve agent sarin were used," the report said.
invalidity must be proven "by clear and convincing evidence.
2) Eighteen years before the Act's codification in 1952, the Supreme Court held that the presumption of validity must be overcome by clear and convincing evidence.
The party asserting that a patent is invalid must prove its case by clear and convincing evidence.
For example, the court ruled that placing the burden on defendants to prove by clear and convincing evidence that they are mentally retarded is not permissible.
Separately, the Appellate Court panel concluded that the burden of proof under IFPA was a clear and convincing evidence standard.
Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
Justice Pariente said, "If you look at what the Supreme Court and the jury did in the Cruzan case, they decided that the testimony of a neighbor was not clear and convincing evidence of the person's wishes.
As we held in Part I of this opinion, the Court of Judiciary had before it clear and convincing evidence that Chief Justice Moore violated Canons 1, 2A, and 2B of the Canons of Judicial Ethics, as charged in the complaint filed by the Judicial Inquiry Commission, by willfully, refusing to obey a lawful and binding order of a federal court, the justices wrote in Roy S.