Dictionary of Law
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proof :: legal definition


Proof - n. confirmation of a fact by evidence. In a trial, proof is what the trier of the fact (jury or judge without a jury) needs to become satisfied that there is "a preponderance of the evidence" in civil (non-criminal) cases and the defendant is guilty "beyond a reasonable doubt" in criminal prosecutions. However, each alleged fact must be proved separately, as must all the facts necessary to reach a judgment for the plaintiff (the person filing a lawsuit) or for the prosecution (the "people" or "state" represented by the prosecutor). The defendants in both civil suits and criminal trials need not provide absolute "proof" of non-responsibility in a civil case or innocence (in a criminal case), since the burden is on the plaintiff or prosecution to prove their cases (or prove the person guilty).

See also: beyond a reasonable doubt preponderance of the 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
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
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.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
character witness :: n. a person who testifies in a trial on behalf of ... ases and civil cases such as fraud.
charge :: n. 1) in a criminal case, the specific statement o ... trial judge. 3) a fee for services.
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
circumstantial evidence :: n. evidence in a trial which is not directly from ... circumstantial. See also: evidence
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
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
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
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
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
extrinsic fraud :: n. fraudulent acts which keep a person from obtain ... it. See also: fraud intrinsic fraud
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
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
hung jury :: n. slang for a hopelessly deadlocked jury in a cri ... also: dismissal jury mistrial trial
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incompetent :: adj. 1) referring to a person who is not able to m ... n incompetency incompetent evidence
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
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
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
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
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
memorandum :: n. 1) a brief writing, note, summary or outline. 2 ... r "The decision below is affirmed."
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
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
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
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
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
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 :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
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
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
probative value :: n. evidence which is sufficiently useful to prove ... prior actions. See also: probative
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute
prove :: v. to present evidence and/or logic that makes a f ... t or criminal case. See also: proof
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
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
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
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
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
status conference :: n. a pre-trial meeting of attorneys before a judge ... g a trial date. See also: discovery
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
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
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
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
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will

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Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.