Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

shifting the burden of proof

Read a random definition: surtax exemption

A quick definition of shifting the burden of proof:

Shifting the burden of proof means changing who has to prove something in a court case. This is helpful when it's hard to prove who is at fault or what happened. For example, if someone says a car accident was caused by a problem with the car, it's hard to prove that. Shifting the burden of proof means the person who says it was the car's fault doesn't have to prove it as much. The other person still gets to argue against it, but it's easier for the first person to make their case.

A more thorough explanation:

Definition: Shifting the burden of proof means changing the responsibility of proving or disproving a point from one party to the other party. This is often used in legal cases to allow more flexibility in courtroom procedure. If one party meets a certain burden of proof, shifting the burden of proof allows the other party to make counterpoints before a judge or jury decides the issue.

For example, if a plaintiff claims that a car accident was caused by a vehicular malfunction, it may be difficult to prove whether or not the malfunction existed and caused the accident. According to evidence standards for other areas, the vehicle owner may not be able to prove that the manufacturer was responsible. However, shifting the burden of proof would allow the plaintiff to meet a lesser burden of proof while giving the manufacturer the ability to rebut the evidence.

Another example of shifting the burden of proof is in cases of discrimination. If an employee claims that they were discriminated against, the burden of proof may shift to the employer to prove that they did not discriminate.

These examples illustrate how shifting the burden of proof can be useful in cases where fault or evidence is difficult to determine, but society has a large interest in protecting plaintiffs. It allows for a fairer legal process by giving both parties the opportunity to present their evidence and arguments before a decision is made.

Shifting executory interest | Shipment Contract

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
LSD+ is ad-free, with DMs, discounts, case briefs & more.