shifting of burden of proof

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 the respective parties. 29 Am J2d Ev § 124. The ultimate burden of proof, that is, the burden of establishing the truth of a given proposition by the quantum of proof required by law never shifts. 29 Am J2d Ev § 124.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • shifting the burden of proof — 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… …   Law dictionary

  • 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 — 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 — 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

  • 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

  • McDonnell Douglas burden-shifting — or the McDonnell Douglas burden shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim that lacks direct evidence of discrimination. It was introduced by the United… …   Wikipedia

  • Occam's razor — For the aerial theatre company, see Ockham s Razor Theatre Company. It is possible to describe the other planets in the solar system as revolving around the Earth, but that explanation is unnecessarily complex compared to the modern consensus… …   Wikipedia

  • Irving v Penguin Books and Lipstadt — Irving v Penguin and Lipstadt Court High Court of Justice (Queen s Bench Division) Full case name Irving v Penguin Books Limited, Deborah E. Lipstadt …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”