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burden of proof
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burden of proof


The plaintiff goes first because the plaintiff has the burden of proof.
  the duty of proving an argument to be true — especially in court
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Notes:
In U.S. courts, the burden of proof generally falls upon the person who files a legal case. Thus, in criminal cases, the burden rests on the prosecutors. In civil cases, the burden most often is carried by the plaintiff.

There are exceptions, however.  For example, if the government accuses a man of murder, there is a presumption that the man is innocent unless the government can prove the man is guilty. However, if the man pleads innocent by reason of insanity, the burden of proving insanity  falls on the defendant.

Another example of a shifted burden of proof occurs in anti-trust law. If the government is opposed to a merger of two companies, the government normally has the burden of proving the merger is harmful to the public. However, if the merger will result in a high enough concentration within the companies’ industry, then the burden of proof shifts to the companies wanting to merge.
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Samples:
  • The plaintiff goes first because the plaintiff has the burden of proof.
  • The plaintiff has not met his burden of proof.
  • to Who has the burden of proof in abuse and neglect cases?
    Jodi Picoult  --  Nineteen Minutes
  • —The burden of proof is with you not with me, he said frowning.
    James Joyce  --  Ulysses

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  • The burden of proof is on the prosecution.
    Reginald Rose  --  Twelve Angry Men
  • But unlike the first Wennerström affair, this time Millennium could present a convincing burden of proof: Wennerström’s own emails and copies of the contents of his computer, which contained balance sheets from secret bank assets in the Cayman Islands and two dozen other countries, secret agreements, and other blunders that a more cautious racketeer would never in his life have left on his hard drive.
    Stieg Larsson  --  The Girl with the Dragon Tattoo
  • Under British law, the burden of proof is on the defendant.
    Eric Schlosser  --  Fast Food Nation
  • It had happened at the same time that both Blomkvist and Giannini were robbed of the document that was the cornerstone in the burden of proof.
    Stieg Larsson  --  The Girl Who Kicked the Hornet’s Nest
  • They grant possession of the blacks as property to Ruiz and Montes, and in the eyes of the law, possession weighs heavily, despite what Thompson said about burden of proof.
    Alexs Pate  --  Amistad
  • He had already proven that Arliss had taken the bale of hay and spread it over the lawn-the burden of proof fulfilled.
    Jodi Picoult  --  Nineteen Minutes

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  • In Georgia and Alabama, the veggie libel laws have been framed in imitation of British libel law, placing the burden of proof upon the defendant.
    Eric Schlosser  --  Fast Food Nation
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Associated words [difficulty]:   burden of proof [7] , habeas corpus [5] , hearsay [5] , probable cause [5] , double jeopardy [7] , statute of limitations [7] , attorney-client privilege [8] , Miranda rights [9] , grandfathered [9] , search and seizure [9] , undue influence [9]
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Most commonly used in these subjects:   Law, Personal Finance, Logic & Reasoning
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