shifting the burden of proof
In a lawsuit, the transfer of the obligation to prove particular facts from one party to the other. For example, the person who sued (the plaintiff) initially bears the burden of proving facts that, if no rebutting evidence is presented, would allow that party to win the case. The burden may then shift to the defendant to prove one or more defenses to the plaintiff's case.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

shifting the burden of proof
n. Removing the burden of proof from one party, which has presented a prima facie case, and shifting it to the other side to rebut that case.

Webster's New World Law Dictionary. . 2000.

shifting the burden of proof
The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.

Dictionary from West's Encyclopedia of American Law. 2005.

shifting the burden of proof
The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

shifting the burden of proof
   the result of the plaintiff in a lawsuit meeting its burden of proof in the case, in effect placing the burden with the defendant, at which time it presents a defense. There may be shifts of burden of proof on specific factual issues during a trial, which may impact the opposing parties and their need to produce evidence.
   See also: burden of proof, prima facie, case

Law dictionary. . 2013.

Look at other dictionaries:

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  • shifting of burden of proof — The passing of the burden of proof in the sense of the duty of producing evidence to meet the evidence produced, or the prima facie case made by one s adversary, from side to side as the trial of the case progresses and evidence is introduced by… …   Ballentine's law dictionary

  • shifting — I adjective alternating, changeable, changing, deviating, digressive, discursive, drifting, fluctuating, inconstant, interim, roaming, roving, straying, transient, transitory, uncertain, vacillating, varying, wandering, wavering associated… …   Law dictionary

  • burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus …   Black's law dictionary

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