Legal Definitions - due proof

Due Proof refers to the presentation of evidence that is both sufficient in its content and properly submitted according to established procedures, in order to validate a claim, establish a fact, or justify a requested outcome.

Here are some examples illustrating the concept of due proof:

• Example 1: Obtaining a Professional License

  Imagine a recent graduate applying for a license to practice engineering in their state. To receive this license, they must provide official transcripts demonstrating completion of an accredited engineering program, pass a state-mandated licensing examination, and submit character references. These documents and results, submitted through the state's professional licensing board portal, collectively serve as due proof of their qualifications and readiness to practice.

  Explanation: The transcripts, exam results, and references are the sufficient evidence of their education and competency. Submitting them through the correct official channels, as required by the licensing board, constitutes proper submission, thereby establishing their entitlement to the license.

• Example 2: Requesting a Refund for a Defective Product

  Consider a consumer who purchases an electronic device that stops working within the warranty period. To receive a refund or replacement, the consumer typically needs to provide the original purchase receipt, a clear description of the defect, and possibly return the defective item to the retailer or manufacturer according to their policy.

  Explanation: The receipt acts as sufficient evidence of purchase and warranty eligibility, while the description and return of the item demonstrate the defect. Following the retailer's specified return policy ensures the evidence is properly submitted to justify the refund request.

• Example 3: Challenging a Property Tax Assessment

  A homeowner believes their annual property tax assessment is too high compared to similar properties in their neighborhood. To challenge this assessment, they must gather evidence such as recent appraisal reports for comparable homes, photographs of any unique features of their property that might reduce its value (e.g., a busy road nearby), and detailed repair estimates for any significant structural issues. This information must then be formally presented to the local tax assessment board by a specified deadline.

  Explanation: The appraisal reports, photographs, and repair estimates provide sufficient evidence to argue for a lower valuation. Presenting this information to the tax board by the deadline and following their appeal procedures ensures it is properly submitted to support the homeowner's claim.