Dictionary of Law
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burden of proof :: legal definition


Burden of proof - n. the requirement that the plaintiff (the party bringing a civil lawsuit) show by a "preponderance of evidence" or "weight of evidence" that all the facts necessary to win a judgment are presented and are probably true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt," a much more difficult task. Unless there is a complete failure to present substantial evidence of a vital fact (usually called an "element of the cause of action"), the ultimate decision as to whether the plaintiff has met his/her burden of proof rests with the jury or the judge if there is no jury. However, the burden of proof is not always on the plaintiff. In some issues it may shift to the defendant if he/she raises a factual issue in defense, such as a claim that he/she was not the registered owner of the car that hit the plaintiff, so the defendant has the burden to prove that defense. If at the close of the plaintiff's presentation he/she has not produced any evidence on a necessary fact (e.g. any evidence of damage) then the case may be dismissed without the defendant having to put on any evidence.

See also: beyond a reasonable doubt preponderance of the evidence prima facie weight of evidence and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
beyond a reasonable doubt :: adj. part of jury instructions in all criminal tri ... on moral certainty reasonable doubt
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
clear and convincing evidence :: n. evidence that proves a matter by the "preponder ... See also: beyond a reasonable doubt
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
corporation :: n. an organization formed with state governmental ... ation public corporation securities
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
inference :: n. a rule of logic applied to evidence in a trial, ... . See also: circumstantial evidence
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judicial notice :: n. the authority of a judge to accept as facts cer ... elts in the sun. See also: evidence
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
presumption of innocence :: n. a fundamental protection for a person accused o ... yond a reasonable doubt presumption
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
shifting the burden of proof :: n. the result of the plaintiff in a lawsuit meetin ... o: burden of proof prima facie case
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - B

Bachelor of Laws :: n. the degree in law from a law school, abbreviate ... troactively. See also: Juris Doctor
back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing.
bad debt :: n. an uncollectible debt. The problem is to determ ... ust no income on which to be taxed.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bail bond :: n. a bond provided by an insurance company through ... urned. See also: bail bail bondsman
bail bondsman :: n. a professional agent for an insurance company w ... t to jail. See also: bail bail bond
bailee :: n. a person, also called a custodian, with whom so ... he goods. See also: bailment bailor
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
bailment :: n. 1) the act of placing property in the custody a ... "bailment." See also: bailee bailor
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit.
balance due :: n. the amount of a debt still owed on an account o ... cipal due without further interest.
balance sheet :: n. the statement of the assets and the liabilities ... ctivity and health of the business.
bank :: n. 1) an officially chartered institution empowere ... erred to as "in bank" or "en banc."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy court :: n. the specialized federal court in which bankrupt ... : bankruptcy bankruptcy proceedings
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
bar :: 1) n. collectively all attorneys, as "the bar," wh ... a room, building, or real property.
bar association :: n. an organization of lawyers. There are two types ... oluntary organization of attorneys.