Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

shifting the burden of proof

Read a random definition: kill

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
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
8:57
There’s someone I found on here with the username threeoutchange and if my understanding is correct that’s a reference to the debut album by a pretty cool 90s-00s Japanese band called Supercar. I geeked a little
8:57
It could just be a baseball reference I don’t get though lol
Dkk
9:00
@renard99: also, the same band that does a song in the anime Eureka 7 which I watched when I was like idk, 12
9:00
Yeah! They are pretty good. Three Out Change is an awesome J-rock record
Dkk
9:01
I will probably not listen to them more but fun fact. Really random to start the day. An omen that the waves will be very random today.
Dkk
9:03
Fuck, reading the wikipedia now. Literal last song they did before they broke up was Storywriter. Wow.
9:05
That one is a masterpiece
9:05
My favorite song by them is Recreation
glovediedthisishismom
9:05
snowing
Dkk
9:07
@renard99: man, hard to find.
Dkk
9:07
@glovediedthisishismom: Congrats on the snow.
Dkk
9:16
@renard99: Poetic and nice.
LSD+ is ad-free, with DMs, discounts, case briefs & more.