burden of proof

Defined in 6 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891)

Definitions from Case Law

From 298 U.S. 178 - McNutt v. General Motors Acceptance Corp. · 1936Most cited · 7,710 citing opinions

He must carry throughout the litigation the burden of showing that he is properly in court. The authority which the statute vests in the court to enforce the limitations of its jurisdiction precludes the idea that jurisdiction may be maintained by mere averment or that the party asserting jurisdiction may be relieved of his burden by any formal procedure. If his allegations of jurisdictional facts are challenged by his adversary in any appropriate manner, he must support them by competent proof.

Show all 7 Supreme Court definitions and how they changed over time 1864–1994

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The duty of proving the facts in dispute on an issue raised between the parties in a cause. See 16 N. Y. 66; 1 Gray (Mass.) BOO; 6 Wheat. (U. S.) 481. Burden of proof is to be distinguished from prima facie evidence or a prima facie case. Generally, when the latter is shown, the duty imposed upon the party having the burden will be satisfied, but it is not necessarily so. 6 Gush. (Mass.) 364; 11 Mete. (Mass.) 460; 22 Ala. 20; 7 Blackf. (Ind.) 427; 1 Gray (Mass.) 61; 7 Boston Law Rep. 439.

Ballentine's Law Dictionary

James A. Ballentine · 1916

The onus of establishing certain facts by the production of evidence. See 33 L. R. A. (N. S.) 1089; also 71 Am. St. Rep. 169.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

(Lat onus probandi.) In the law of evidence. The necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. Willett v. Rich, 142 Mass. 356, 7 N. E. 776, 56 Am. Rep. 684; Wilder v. Cowles, 100 Mass. 490; People v. McCann, 16 N. Y. 58, 69 Am. Dec. 642. The term "burden of proof" is not to be confused with "prima facie case." When the party upon whom the burden of proof rests has made out a prima facie case, this will, in general, suffice to shift the burden. In other words, the former expression denotes the necessity of establishing the latter. Kendall v. Brownson, 47 N. BL 200; Carver v. Carver, 97 Ind. 511; Heinemann v. Heard, 62 N. Y. 455; Feurt v. Ambrose, 34 Mo. App. 366; Gibbs v. Bank, 123 Iowa, 736, 99 N. W. 703.

A Law Dictionary and Glossary

George C. Kinney · 1893

The necessity of proving a fact or facts in dispute on an issue between parties in a cause, v. Onus prdbandi.

A Dictionary of Law

Henry Campbell Black · 1891

(Lat. ents probandi.) In the law of evidence. The necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. The term “burden of proof” is not to be confused with “prima facie case.” When the party upon whom the burden of proof i In other words, the former expression denotes the necessity of establishing the latter.