shifting the burden of proof
- shifting the burden of proof
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In a lawsuit, the transfer of the obligation to prove particular facts from one party to the other. For example, the person who sued (the
plaintiff) initially bears the burden of proving facts that, if no rebutting evidence is presented, would allow that party to win the case. The burden may then shift to the defendant to prove one or more defenses to the plaintiff's case.
Category: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary.
Gerald N. Hill, Kathleen Thompson Hill.
2009.
- shifting the burden of proof
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Webster's New World Law Dictionary.
Susan Ellis Wild.
2000.
- shifting the burden of proof
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Dictionary from West's Encyclopedia of American Law.
2005.
- shifting the burden of proof
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The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- shifting the burden of proof
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n.
the result of the plaintiff in a lawsuit meeting its burden of proof in the case, in effect placing the burden with the defendant, at which time it presents a defense. There may be shifts of burden of proof on specific factual issues during a trial, which may impact the opposing parties and their need to produce evidence.
Law dictionary.
EdwART.
2013.
Look at other dictionaries:
shifting the burden of proof — Transferring it from one party to the other, or from one side of the case to the other, when he upon whom it rested originally has made out a prima facie case or defense by evidence, of such a character that it then becomes incumbent upon the… … Black's law dictionary
shifting of burden of proof — The passing of the burden of proof in the sense of the duty of producing evidence to meet the evidence produced, or the prima facie case made by one s adversary, from side to side as the trial of the case progresses and evidence is introduced by… … Ballentine's law dictionary
shifting — I adjective alternating, changeable, changing, deviating, digressive, discursive, drifting, fluctuating, inconstant, interim, roaming, roving, straying, transient, transitory, uncertain, vacillating, varying, wandering, wavering associated… … Law dictionary
burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus … Black's law dictionary
burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus … Black's law dictionary
burden shifting — v. The shifting of the burden of proof from one party to another at trial, after each party presents sufficient evidence to initially persuade the fact finder of the truth or falsehood of a disputed fact or assertion, the burden shifts to the… … Law dictionary
burden — bur·den n 1: something that is a duty, obligation, or responsibility the prosecution has the burden of proving every element of the offense the statute imposes undue burden s burden of pleading the necessary elements 2 … Law dictionary
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