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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.


Preponderance of Evidence.

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


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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Using the proper proofer volume that has been standardized for the ink lab, you will take the samples back to the lab and compare press-after-press against the ink lab standard.
Imaging Engine provides high performance imaging that can be scaled in order to drive multiple devices, whether it's a proofer, an Esko CDI plate image device, or other platemakers.
To achieve flexible proofing times and proof-to-bake ratios, the Serpentine proofer can be designed with up to three individual Serpentine-configured transport zones, with optional bypass, within the one module.
* Special systems: linear proofers for the pizza industry and/or dough processing segment; linear coolers for food applications.
The integration of the Perfect Proofer into a customer's ink-formulation workflow aims to eliminate everyday color-matching struggles.
Step-by-step, the Siemens solution allows Krispy Kreme to: measure and weigh the dough; automatically extrude the dough: slice it into individual doughnuts; transfer them to a proofer for 35 minutes where they are allowed to rise under controlled heat and humidity conditions; transfer them to a fryer for 110 seconds at 180[degrees]C: flip them to fry the other side; transfer them to a tank where they are glazed; return them around a 'retail curve' where customers catch sight and smell of the fresh doughnuts; and send them through a cooling tunnel so they can be handled comfortably.
According to the company, the Phantom Proofer provides precision ink delivery through a laser engraved ceramic anilox roll.
* IGT F1: Dedicated color proofer for flexo and gravure prints.
The Spooner Vicars Proofer and Oven offers the ultimate in flexibility utilising a magnetic conveyor system.
Nash says he had a satori of sorts in the late 1980s when he first saw a demonstration of an Iris proofer.
Also, a handful of the videos talk about selecting the right proofer and using a proofer to optimize production and reduce waste and costs.
Two new styles of imaged proofer transfer rolls are now available from HarperScientific, the printing and coating division of anilox supplier Harper Corporation of America.