Shifting the Burden of Proof

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Shifting the burden of proof this way on the CICL and lumping them with ordinary criminals would violate a core principle of the UN Convention on the Rights of a Child, which is devotion to the best interests of the child.
'Shifting the burden of proof on an accused requires fulfillment of four ingredients,' Haris said, adding, 'The trial court judge was aware of the ingredients but whether he followed it or not is the question.'
Secondly, shifting the burden of proof from prosecution to defendant is in conflict with the tradition of the Holy Prophet, it added.
(56) The Fourth Circuit affirmed the district court's decision to adopt the trust law principle of shifting the burden of proof for three reasons.
Deputy Speaker Giorgidi Aggabao, president of the Nationalist People's Coalition (NPC) said Carpio's line suffers from serious defect for shifting the burden of proof to Poe, who is the defendant in the disqualification case.
She also commented that advances in technology provide debtors with that same, greater availability of information, in defense of shifting the burden of proof to debtors.
First, shifting the burden of proof with regard to fair use will result
Preserving the presumptions in favor of the state when it seeks to override the statutory apportionment schemes and shifting the burden of proof to the taxpayer will continue to give state tax authorities an unfair advantage and place an undue burden on multistate businesses whether they are seeking an alternative apportionment method, or defending against a method forced upon them by the state.
Latif had to be treated as reliable and accurate, like official tax receipts, unless there was "clear evidence to the contrary" -- shifting the burden of proof to the detainee.
(40) The court then explained that proper instructions could avoid improperly shifting the burden of proof to the accused.