Burdened - Law Dictionary Search Results

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Burden of proof

Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....

burden of proof

burden of proof :the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue [the burden of proof is sometimes upon the defendant to show his incompetency "W. R. LaFave and A. W. Scott, Jr."] compare standard of proof NOTE: The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof. ...

burden of production

burden of production :the responsibility of the party that is presenting an issue or fact to produce evidence sufficient to support a favorable finding on that issue or fact called also burden of coming forward with the evidence burden of going forward with the evidence NOTE: The burden of production must be met in order to avoid a dismissal or directed verdict. Both parties to a suit usu. have burdens of production during the course of a suit, and often motions (as for summary judgment) impose a burden of production. ...

Real Burden

Real Burden. Where a right to lands is expressly granted under the burden of a specific sum, or a burden of a specific sum is constituted on the lands themselves, and not merely personally, and where the name of the creditor can be discovered from the records, the burden is said to be real, and must be registered in the REGISTER OF SASINES. See Addenda....

burden

burden 1 : something that is a duty, obligation, or responsibility [the prosecution has the of proving every element of the offense] [the statute imposes undue s] [ of pleading the necessary elements] 2 : burden of proof [the husband had not carried his on the insanity issue "Case & Comment"] ...

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