Warning
Info
Warning
Info
Simple English definitions for legal terms
shifting the burden of proof
Read a random definition: Uniform Division of Income for Tax Purposes Act
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.