Shifting the Burden of Proof

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Shifting the Burden of Proof

The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.

When the individual upon whom the Burden of Proof initially rested has brought evidence that tends to prove a particular fact or issue, the other party then takes on the duty to rebut such fact or issue through the use of defensive or contradictory evidence.

Cross-references

Burden of Proof.

shifting the burden of proof

n. in a lawsuit the plaintiff (the party filing suit) has the burden of proof to produce enough evidence to prove his/her/its basic (prima facie) case. If that burden is met, then the burden of proof shifts to the other party, putting the defendant in the position of having the burden to prove he/she has a defense. There may be shifts of burden of proof on specific factual issues during a trial, which may impact the opposing parties and their need to produce evidence. (See: burden of proof, prima facie case)

References in periodicals archive ?
Meyer argues that this is not an argument from ignorance but from knowledge gained by Darwinian science.
The Argument from Ignorance against Truth-Conditional Semantics, PAUL SAKA
It is argued that the pragmatic model does more justice to realistic arguments about knowledge, especially the argument from ignorance (argumentum ad ignorantiam), or lack of evidence argument, as it is called in computing and other fields.
The argument from ignorance is an informal fallacy that holds either that a statement not known to be true or proven true is false, or a statement not known to be false or proven false is true.
Gaskins points out that there has been no systematic study of the argument from ignorance in the literature, and his book is meant to fill that gap.
Gaskins devotes chapter 7 to Kant's transcendental argument and claims that it also is a version of the argument from ignorance.