Proof


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Proof

The establishment of a fact by the use of evidence. Anything that can make a person believe that a fact or proposition is true or false. It is distinguishable from evidence in that proof is a broad term comprehending everything that may be adduced at a trial, whereas evidence is a narrow term describing certain types of proof that can be admitted at trial.

The phrase burden of proof includes two distinct concepts, the Burden of Persuasion and the Burden of Going Forward. The burden of persuasion is the duty of a party to convince the trier of fact of all the elements of a Cause of Action. The burden of going forward refers to the need of a party to refute evidence introduced at trial that damages or discredits his or her position in the action. The burden of persuasion remains with the plaintiff or prosecutor throughout the action, whereas the burden of going forward can shift between the parties during the trial.

In a civil action, the requisite degree of proof is a preponderance of the evidence.The plaintiff must show that more probably than not the defendant violated his or her rights. In a criminal action, the prosecutor has the burden of establishing guilt Beyond a Reasonable Doubt.

Cross-references

Preponderance of Evidence.

proof

n. confirmation of a fact by evidence. In a court trial proof is what the trier of the fact (jury or judge without a jury) needs to become satisfied the evidence shows by "a preponderance of the evidence" in civil (non-criminal) cases and "beyond a reasonable doubt" in criminal prosecutions. However, each alleged fact must be proved separately, as must all the facts necessary to reach a judgment for the plaintiff (the person filing a lawsuit) or for the prosecution (the "people" or "state" represented by the prosecutor). The defendants in both civil suits and criminal trials need not provide absolute "proof" of non-responsibility (in a civil case) or innocence in a criminal case, since the burden is on the plaintiff or prosecution to prove their cases (or prove the person guilty). (See: preponderance of the evidence, beyond a reasonable doubt)

PROOF, practice. The conviction or persuasion of the mind of a judge or jury, by the exhibition of evidence, of the reality of a fact alleged: as, to prove, is to determine or persuade that a thing does or does not exist. 8 Toull. n. 2; Ayl. Parerg. 442; 2 Phil. Ev. 44, n, a. Proof is the perfection of evidence, for without evidence there is no proof, although, there may be evidence which does not amount to proof: for example, a man is found murdered at a spot where another had been seen walking but a short time before, this fact would be evidence to show that the latter was the murderer, but, standing alone, would be very far from proof of it.
     2. Ayliffe defines judicial proof to be a clear and evident declaration or demonstration, of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods; first, by proper arguments, such as conjectures, presumptions, indicia, and other adminicular ways and means; and, secondly, by legal method, or methods according to law, such as witnesses, public instruments, end the like. Parerg. 442 Aso. & Man. Inst. B. 3, t. 7.

References in periodicals archive ?
If you're like me and don't enjoy wasting time messing around with technology--especially complicated features you don't need--then the Primos Proof Gen 2 cameras may well be what you're looking for.--Field Editor Eddie Ciaypool MSRP: $99 (Proof 01); $129 (Proof 02); $149 (Proof 03 BLACKOUT)
As she attempts to navigate questions about the proof's authorship, Catherine finds herself caught between a budding new romance with Hal and her complicated relationship with her sister, Claire.
The original proof of existence project placed a hash for a single document within a single Bitcoin transaction.
Since proof of insurance is a key business requirement in many industries, this blockchain solution allows the creation of a network of networks to provide verification on a much broader scale, according to Marsh.
To match CMYK process work, Esko considers an accurate proof to be an average AE of less than 1.0.
You'll need to insert a disposable cartridge into the Proof wristband around 6 p.m.
More recently, in the 20th century, the intuitionists went further and came to regard proof by contradiction as an invalid method of reasoning.
It wasn't until 1798 that Birmingham got its first private proof house and others also followed suit.
Taylor and Garnier describe the nature of mathematical proof, explore the various techniques that mathematicians adopt in proving their results, and offer advice and strategies for constructing proofs.
ISLAMABAD -- Islamabad High Court (IHC) has issued directives to provide bullet proof vehicle and security to former Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry by January, 9.
"Not only is that interpretation not consistent with the governing statute and the terms of the Standard Flood Insurance Policy, but combined with relief granted by FEMA to Sandy victims extending the deadline for submitting proof of loss statements, could leave homeowners in a Cycatch-22': Hurry up and file a lawsuit, which would require submitting a proof of loss and thus making FEMA's proof of loss extension meaningless; or wait to submit a proof of loss and obtain a final determination and hope that the court overrules FEMA's interpretation of the statute of limitations," say the senators.
The role of "proof in mathematics education is far from being settled, which can be observed in authoritative collections like [21].