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Burden of Proof
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Irrebuttable Presumption
A legal assumption that cannot be disputed with evidence, often used in cases where policy or law intends to avoid certain assessments or arguments.
Initial Burden
The obligation to produce evidence at the beginning of the trial. It usually falls on the party who brings the action (plaintiff in civil case, prosecution in criminal case).
Burden of Persuasion
Similar to persuasive burden, it refers to the party's duty to convince the trier of fact that their version of the facts is the most credible one.
Prima Facie Burden
The responsibility of a party to present enough evidence on each element of a claim to support a legal judgement if the opposing party does not rebut that evidence.
Beyond a Reasonable Doubt
The highest standard of proof mainly used in criminal trials, which requires the prosecution to prove that there is no reasonable doubt about the defendant's guilt.
Shift of Burden
This occurs when the responsibility to present further evidence shifts from one party to the other during a trial, often after one party meets a preliminary level of proof.
Failure of Proof
A situation where the party with the burden of proof is unable to furnish sufficient evidence to support their claim, potentially leading to dismissing the case or a judgement against them.
Discharge of Burden
Occurs when a party fulfills their obligation to present sufficient evidence to meet the standard of proof necessary in their case.
Objective Burden
The actual legal responsibility to prove a point in dispute according to the standard set forth in law, not affected by an individual's personal feelings or beliefs.
Affirmative Defense Burden
The burden held by a defendant to prove an affirmative defense, where they must demonstrate the evidence of the defense's validity, like self-defense or insanity, in a criminal trial.
Clear and Convincing Evidence
A medium level of burden of proof requiring the truth of the claim to be highly probable, used in some civil cases and to determine certain matters like fraud or will contests.
Preponderance of the Evidence
The standard of proof in civil cases, requiring that a party's evidence must be more convincing than the other side's evidence, tipping the balance in their favour.
Rebuttable Presumption
A presumption in law that one must overcome by presenting evidence to the contrary. If no contrary evidence is presented, the presumption stands.
Evidentiary Burden
The duty to present sufficient evidence to establish facts in dispute during a trial. The party with the legal burden often holds this as well.
Persuasive Burden
The responsibility of a party to convince the judge or jury to a certain degree (preponderance of evidence, clear and convincing evidence, or beyond reasonable doubt) that the facts are as they claim.
Subjective Burden
The internal, psychological pressure a person may feel to prove a case or a point, regardless of the actual legal obligations.
Legal Burden (or Burden of Proof)
The obligation to prove allegations made in a legal action. In criminal cases, it typically rests on the prosecution, who must demonstrate the defendant's guilt 'beyond a reasonable doubt'.
Ultimate Burden
The obligation of a party to meet the required standard of proof at the end of the trial. It never shifts from one party to the other.
Onus Probandi
A Latin term for the legal burden or burden of proof, indicating the necessity to prove certain facts in a legal proceeding.
Allocution
The right or burden that allows a defendant the opportunity to speak before sentencing or to offer a plea without being exposed to unreasonable questioning.
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