.
Google

AddThis Social Bookmark Button Post this question to del.icio.us   Post this question to digg   Post this question to blinklist   Post this question to Furl   Post this question to YahooMyWeb   Simpify! this news item   Post this question to shadows   Post this question to Spurl   Post this question to BuddyMarks Social bookmark this page

Free US Law Dictionary

BETA

BROWSE TERMS: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

FIND TERM:
Related Phrases
  • Adultery
  • Summation
  • Bigamy
  • Pretext
  • Receipts
  • Evidence
  • Lost Wages
  • Bill of Lading

Burden of Proof

Burden of proof (Latin, onus probandi) is the obligation to prove allegations which are presented in a legal action. Under the Latin maxim necessitas probandi incumbit ei qui agit, the ordinary rule is that "the necessity of proof lies with he who complains." For example, a person has to prove that someone is guilty or not guilty (in a criminal case) or liable or not liable (in a civil case) depending on the allegations. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.

Related Law Blog Posts

W.D.N.Y.: Defendant carries burden of going forward on warrantless search, but government has burden of proof
Defendant carries initial the burden of showing that he was seized, and then the burden shifts to the government to show that it was lawful...

Who has the burden of proof?
656.1(a) Statutory Burden of Proof (Section 212(a)(5)A) of the INA). Most lawyers do not realize that the statutory mandate clearly places the two main burdens of proof squarely on the shoulders of the Secretary of Labor, not on the employer...

Burden Of Proof
A Louisiana hearing committee has recommended that all disciplinary charges be dismissed in a matter where the attorney had been charged with engaging in a prohibited business transaction with a client...

Burden of Proof in Profits Claims
The Fourth Circuit has issued an interesting opinion on the burden shifting involved in claims to recover defendant?s profits attributable to the infringement, but unfortunately, it marked the opinion as nonprecedentail, indicating the lower courts continue to thumb their noses at Congress and the public, and the spirit of new FRAP 32...

Lynch on The Burden of Proof in Tax Litigation
John A. Lynch (Baltimore) has published Burden of Proof in Tax Litigation Under I.R.C. §7491 -- Chicken Little Was Wrong!!, 5 Pitt...

Employer Has Burden of Proof on RFOA
And number four of the Supreme Court's worklaw-llapalooza is Meacham v. Knolls Atomic Power Laboratory (06-1505), reported here...

Related Law Questions

How to prove child support payments were sent by US Mail?
Your best bet is to send the checks via certified mail return receipt requested....

A friend of mine let me borrow car which I believed was his, but which he had stolen. I was driving the car and saw police sirens. Since I was already on the run from something else, i ran from the police in the car. Whe
The best advice I can give you at this point is to consult with you legal adviso...

Hi, do you know any site which really pay money to thier members for participation thier programme and they pay on daily basis and few person who have already paid from that site and have income proof too to show me.
hi, If you want a payday loans on daily basis then our site is the best option f...

Can the CA Local Child Support Angency put a lein on your bank account when you are all ready paying your support?
Hello and Thank you for your question.
Your brother needs to file an Ex Pa...

Lawyers and Law Students! Can you improve this definition? Send us your improvements and we'll provide a link back to your website or blog.

Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree


Practice Area
Zip Code:

Contact a Lawyer Now!











How to prove child support payments were sent by US Mail?
Your best bet is to send the checks via certified mail return receipt requested....

A friend of mine let me borrow car which I believed was his, but which he had stolen. I was driving the car and saw police sirens. Since I was already on the run from something else, i ran from the police in the car. Whe
The best advice I can give you at this point is to consult with you legal adviso...

Hi, do you know any site which really pay money to thier members for participation thier programme and they pay on daily basis and few person who have already paid from that site and have income proof too to show me.
hi, If you want a payday loans on daily basis then our site is the best option f...

Can the CA Local Child Support Angency put a lein on your bank account when you are all ready paying your support?
Hello and Thank you for your question.
Your brother needs to file an Ex Pa...


Click here
1.3658 secs