Shifting the burden of proof
Term · Law · MLC-T-LAW-004537
The transfer of the responsibility to prove a particular fact or element of a case from one party to another during a legal proceeding. Initially, the burden of proof rests with the party making an assertion, but it may shift if that party presents sufficient evidence to establish a prima facie case. The opposing party then bears the burden of presenting evidence to rebut the initial claim or prove an affirmative defense.
| Identifier | MLC-T-LAW-004537 |
|---|---|
| Field | Law |
Record as JSON
{
"id": "MLC-T-LAW-004537",
"term": "Shifting the burden of proof",
"field": "Law",
"definition": "The transfer of the responsibility to prove a particular fact or element of a case from one party to another during a legal proceeding. Initially, the burden of proof rests with the party making an assertion, but it may shift if that party presents sufficient evidence to establish a prima facie case. The opposing party then bears the burden of presenting evidence to rebut the initial claim or prove an affirmative defense.",
"url": "https://mlchart.com/terminology/law/shifting-the-burden-of-proof/"
}
Record 4,623 of 5,445 in Law terminology (MLC-0107). Request the full dataset.