Legal Burden Of Proof
The burden of proof (Latin: onus probandi) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges."
He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.
Read more about Legal Burden Of Proof: Definition, Standard of Proof: United States, Standard of Proof: United Kingdom Trials
Famous quotes containing the words legal, burden and/or proof:
“In ‘70 he married again, and I having, voluntarily, assumed the legal guilt of breaking my marriage contract, do cheerfully accept the legal penalty—a life of celibacy—bringing no charge against him who was my husband, save that he was not much better than the average man.”
—Jane Grey Swisshelm (1815–1884)
“When other helpers fail and comforts flee, when the senses decay and the mind moves in a narrower and narrower circle, when the grasshopper is a burden and the postman brings no letters, and even the Royal Family is no longer quite what it was, an obituary column stands fast.”
—Sylvia Townsend Warner (1893–1978)
“There are some persons in this world, who, unable to give better proof of being wise, take a strange delight in showing what they think they have sagaciously read in mankind by uncharitable suspicions of them.”
—Herman Melville (1819–1891)