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Haaa I naturally want to do that too. I’m trying to stop. They need a surgeon general’s warning on this site for perspective law students
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Simple English definitions for legal terms
burden of going forward with evidence
Read a random definition: national currency
A quick definition of burden of going forward with evidence:
Term: Burden of Going Forward with Evidence
Definition: The burden of going forward with evidence is the responsibility of a party to present enough evidence on an issue to allow the fact-finder to make a decision. This is necessary to prevent a peremptory ruling, such as a summary judgment or directed verdict, from being made against the party. Essentially, it is the party's duty to provide enough evidence to support their case and prevent it from being dismissed without a fair hearing.
A more thorough explanation:
Definition: The burden of going forward with evidence refers to a party's responsibility to present enough evidence on an issue to have it decided by the fact-finder, rather than being decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. This is also known as the burden of production or the production burden.
Examples: If a plaintiff is suing a defendant for breach of contract, the burden of going forward with evidence would be on the plaintiff to present enough evidence to prove that a contract existed between the parties, that the defendant breached the contract, and that the plaintiff suffered damages as a result of the breach. If the plaintiff fails to present enough evidence on any of these issues, the case may be dismissed in favor of the defendant.
Another example would be in a criminal trial, where the burden of going forward with evidence would be on the prosecution to present enough evidence to prove the defendant's guilt beyond a reasonable doubt. If the prosecution fails to present enough evidence, the defendant may be acquitted.
These examples illustrate how the burden of going forward with evidence is an important aspect of the legal system, as it ensures that cases are decided based on the evidence presented, rather than being dismissed or decided in favor of a party simply because they failed to present enough evidence.