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burden of proof
(redirected from Evidentiary burden)

   Also found in: Medical, Legal, Financial, Wikipedia 0.02 sec.

burden of proof

In court proceedings, the duty of a party to produce sufficient evidence to prove that his case is true.

In English and US law a higher standard of proof is required in criminal cases (beyond all reasonable doubt), than in civil cases (on the balance of probabilities).

In the US, the burden of proof is on the court, since the accused is presumed innocent; in many other countries, the accused is presumed guilty until cleared, thus putting the burden of proof on the defense.



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The Court's holding emphasized the procedural manner in which succession arises, and the resultant evidentiary burden that is created.
Thus, Mattco's cause of action is analogous to a legal malpractice case in which an attorney is accused of losing a plaintiff's case through negligence, and the same evidentiary burden applies.
The 10th Circuit found Colorado had met its evidentiary burden by showing the core deposit intangible had an ascertainable value that was independent of goodwill and a limited useful life, the length of which could be ascertained with reasonable accuracy.
 
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