In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in a dispute.
The amount that the prosecutor or plaintiff must convince a judge or jury of the prosecutor or plaintiff's position. The burden is higher in criminal matters.
The necessity for a person to confirm or prove a fact in dispute on an issue raised between the parties.
The obligation imposed on a plaintiff, moving party, appellant, or other party in a legal proceeding in court or before an agency to establish the elements of the claim , without which the case will be dismissed or otherwise lost.
The responsibility of proving a point.
This term refers to which side is obligated to prove an issue in a case.
The responsibility for a party in a lawsuit to provide sufficient evidence to prove its claims
The duty to prove a claim in an adversary proceeding.
This requires the individual who initiates a civil lawsuit show enough evidence to demonstrate that all the necessary facts are presented to win a judgment and, that those facts are probably true.
You, the plaintiff, have the burden of proof to persuade the judge by a greater weight of the evidence that the assessor's valuation is too high or that the classification is wrong.
This legal term refers to the fact that the onus is on the party making the claim or counterclaim to prove their case.
When one person in a case has to prove more than the other person. In a criminal case, the prosecution has to prove the case beyond a reasonable doubt. In civil cases, the plaintiff has to show that most of the evidence is on their side. This is called a preponderance of the evidence. If you contest a Will, you have to prove certain things before you can go to court.
the burden that rests with each party to the litigation to convince the jury in a jury trial or the judge in a bench trial of that party's case
The duty of a party in a case to convince the judge or jury that enough facts exist to prove the allegations in question.
The responsibility of a party to a lawsuit to provide suffi- cient evidence to prove or disprove a claim
The responsibility of proving a disputed charge or claim.
The duty to establish facts in a dispute. In civil matters, this burden may be a "preponderance of the evidence" or "clear and convincing evidence".
when facts are in dispute in a case, one party has the responsibility for providing evidence to persuade the Court to believe their version of the facts. Usually, the party who brought the case into court has the burden of proof. The burden of proof usually applied in a civil case is called "the preponderance of the evidence". This means that it is more probable than not that something happened. In a criminal case, the burden of proof is greater and the prosecution must prove beyond a reasonable doubt that the defendant committed the crime charged.
The duty of a party to substantiate an allegation or issue in order to convince a trier of fact as to the merits of the party’s claim, which is necessary in order to prevail in a claim.
Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.
the duty of proving a disputed charge
the level or quality of proof that a party needs to prove his or her case. In civil cases, the plaintiff has the burden of proving his or her case by a preponderance of the evidence, which means the plaintiff's proof must outweigh the defendant's at least slightly for the plaintiff to win; if the two sides are equal, the defendant wins. In criminal cases, the government has the burden of proof, and that burden is much higher: A verdict of guilty requires the government to prove the defendant's guilt "beyond a reasonable doubt."
Generally, the party who affirmatively alleges a fact must prove evidence to support it. In tort cases, the burden of proving liability and damages rests with the plaintiff.
Where one party in a cause of action is required establish by evidence to prove a fact or issue raised between the parties in a cause of action. .
A party's duty to prove a disputed fact.
The responsibility of proving facts in a case. In a criminal trial, the prosecution has the burden of proving its case beyond a reasonable doubt.
The principle in equal opportunity cases that the natural advantage in proving a case lies with an employer. It therefore reverses the onus and leaves an employer the task of proving their innocence once the plaintiff has established the facts.
The duty to establish by evidence a requisite degree of belief concerning a fact in the mind of a trier of fact. The duty to establish facts in an adversary proceeding. Different burdens of proof exist in the law
The duty of a litigant to prove or disprove an allegation in court.
the Plaintiff's duty to prove a disputed assertion or charge. This includes both the burden of persuasion and the burden of production.
In each action, the party who makes a claim against another has to offer proof to support the claim. The law requires different amounts of proof for different types of cases. In criminal cases, the proof must be "beyond a reasonable doubt." In most civil cases, the amount is a "preponderance" of the evidence. In some civil cases, the proof must be "clear and convincing," which is higher than a preponderance but less than beyond a reasonable doubt. In the jury instructions, the judge tells the jury which standard applies and what it means. Capital Case This is a criminal case where the state charges that the defendant committed aggravated murder and seeks the death penalty. The case is tried in two phases: the guilt phase and the penalty phase. The guilt phase involves presenting evidence for the jury to decide whether the defendant is guilty of aggravated murder. If the jury finds the defendant guilty of aggravated murder, the jury comes back for the penalty phase to hear other evidence on four questions set out by state law. The jury's answers to those questions determine the sentence.
The necessity of proving facts at issue. In West Virginia, the criminal burden of proof is “beyond a reasonable doubt.” The civil burden of proof is “by a preponderance of the evidence.
The requirement that a particular party must persuade the judge or jury by evidence of the truth of his or her proposition in a case. In criminal cases, the burden of proof is on the prosecution.
Responsibility for proving the facts in a case.
the obligation of he or she who asserts to prove their points. The burden of the Aff. team to overcome the presumption for the status quo and so establish a prima facie case. Both sides have the burden of rejoinder meaning they must answer the relevant arguments of their opponents to keep the debate progressing.
The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. (See standard of proof.)
To win a lawsuit, those involved must provide enough evidence to make their case. This is a legal requirement. In civil cases, such as tax court, the burden of proof is decided by the the most evidence. Except in cases of tax fraud, the burden of proof in a tax case generally is on the taxpayer.
This term refers to which side is obligated to prove the facts of the case.
A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed.
In English law the burden of proof lies with the prosecution; in terms of making a compensation claim YOU have to prove that the defendant or alleged responsible party was negligent in causing your injuries.
(in the law of evidence) 1 the obligation on the party who asserts a matter to establish his/her case by adducing sufficient supporting evidence and/or argument to satisfy the required standard of proof. In criminal trials, the burden rests on the prosecution, except in the case of certain defences; 2 the obligation to adduce evidence sufficient to be considered by the jury at a trial.
A party's duty to prove, in litigation, that the party's version of the facts is true
A quantified attitude that relates the perception of risk to uncertainty regarding the best estimate or central tendency of risk data. Burden of proof ranges from evidentiary to precautionary. A preference for evidentiary burden of proof requires evidence that there is a harm before risk is perceived. A preference for precautionary burden of proof requires that risk is perceived unless evidence for no harm exists.
A party's responsibility to prove a disputed fact.
A legal term meaning that the holder of any intepretation diverging from what is objectively describable (i.e., factual) carries the burden of proving that it is plausible beyond a reasonable doubt. Some art criticism -- especially subjective impressionism, but by no means only that -- seems to have forgotten this basic principle of rational argument.
The duty of a party to produce the greater weight of evidence on a point at issue.
the duty to prove disputed facts. In criminal cases, the burden rests on the prosecutors. In civil cases, the burden most often is carried by the plaintiff.
In criminal cases, the prosecution bears the burden of proof 'beyond reasonable doubt'. In civil cases, it is the plaintiff who must prove the case 'on the balance of probabilities'. See also onus of proof (q.v.).
The responsibility of proving a disputed item or allegation. If you take an Internal Revenue Service (IRS) case to court, the IRS will have the burden of proving certain facts as long as you kept adequate records showing your tax liability, cooperated with the IRS, and meet certain other conditions. Otherwise, you have the burden of proving your tax return is accurate.
The obligation to prove disputed facts at issue in a legal proceeding.
The obligation to prove the truth or falsity of a fact.
A legal concept which states that the person (plaintiff) bringing a suit against another (defendant) is required to prove the allegations made against the defendant.
The notion that the person, or team, who asserts a claim has the burden to prove that claim is true. For example, the affirmative has the burden to prove that the status quo is inadequate and needs to be changed.
A party's duty to prove a dispute assertion to succeed or move on legal proceeding. Child Support Interactive
In criminal law it usually refers to the onus on the Crown to prove the guilt of the accused beyond a reasonable doubt.
Duty of a party to substantiate its claim against the other party; in civil actions, the weight of this proof is usually described as a preponderance of the evidence.
Necessity or duty to prove a fact in a dispute. Not the same as standard of proof. Burden of proof deals with which side must establish a point or points; standard of proof indicates degree to which point must be proven.
The threshold of evidence that one party must present in order to prevail in his or her case. In criminal cases, the burden of proof is very high: "beyond a reasonable doubt," or generally 99 percent of the evidence. In civil cases, however, the burden of proof on the victim/plaintiff is "a mere preponderance," or more than 50 percent of the evidence.
Obligation of affirmatively proving a fact in issue between the parties, as in a criminal case the burden of proof is on the prosecution.
Standard of evidence needed to win. Preponderance: 50+%; Clear and convincing: no substantial doubt.
The duty of proving facts disputed in the trial of a case - in a criminal case the burden of proof relies on the State and must be beyond a reasonable doubt.
A party’s duty to prove the truth of his or her claims (charges against someone else) in the lawsuit.
obligation of a party to prove facts at issue in the trial of a case. In criminal cases, the state has the burden of proof.
the standard which must be shown by the person bringing a legal action; the burden of proof in a civil case (preponderance of the evidence) is different from that in a criminal case (beyond a reasonable doubt)
The party asserting a claim must prove such claim is true. In paternity cases, the burden in most states requires that paternity be established by a "preponderance of the evidence," meaning that paternity (or lack of paternity) is "more likely than not." We call this the 50.01% test, meaning that if evidence is even slightly greater than 50-50, it constitutes a "preponderance of evidence." Some states insist on a higher standard, known as the "clear and convincing evidence" test. This test is more stringent (harder to overcome) than the "preponderance" test, but not as strict as the "beyond a reasonable doubt" test, the standard in criminal cases. Many states have thresholds of 95% or more percent in order to create a presumption of paternity.
The mandate, operative in American criminal courts, that an accused person is assumed innocent until proven guilty, and which tasks the prosecution with proving the defendant's guilt beyond a reasonable doubt.
The standard by which a case is decided. In criminal cases, the prosecutor must prove his/her case "beyond a reasonable doubt." In civil cases, the plaintiff must prove his/her case by a "preponderance of evidence," or, in some cases, by "clear and convincing" evidence.
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury "by a preponderance of the evidence" that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
is the duty, in law, to show, according to the facts, that the allegations to the lawsuit are either false or true – depending on the nature of the case
The obligation of one party in a suit to prove all the requirements necessary to show entitlement to recovery. If the burden is not met, the party with the burden will lose the issue or the case.
Duty of proving disputed facts on the trial of a case. The duty commonly lies on the person who asserts the affirmative of an issue and is sometimes said to shift when sufficient evidence is furnished to raise a presumption that what is alleged is true.
The legal requirement to provide enough evidence to win a lawsuit. In civil cases, such as tax court, the burden is decided by the preponderance -- the most -- evidence. Except in cases of tax fraud, the burden of proof in a tax case generally is on the taxpayer.
A party's burden to establish a disputed assertion or charge. The term can mean either the burden of producing certain evidence (the most common usage) or the burden of persuading a judge or jury of a certain proposition.
In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.
In philosophy, the term burden of proof refers to the extent to which, or the level of rigour with which, it is necessary to establish, demonstrate or prove something for it to be accepted as true or reasonable to believe.
Burden of Proof is the fifteenth episode from the second series of the popular crime drama , which is set in Las Vegas, Nevada.