Onus Importandi

The charge of importing merchandise, mentioned in 12 Car. II. c. 28. ONUS PROBANDI (Lat.). In Evidence. The burden of proof. It is a general rule that the party who alleges the affirmative of any proposition shall prove it. It is also a general rule that the onus probandi lies upon the party who seeks to support his case by a particular fact: for example, when to a plea of infancy the plaintiff replies a promise after the defendant had attained his age, it is sufficient for the plaintiff to prove the promise, and it lies on the defendant to show that he was not of age at the time; 1 Term G48. But where the negative involves a criminal omission by the party, and, consequently, where the fact is also presumed. See Hartwell v. Root, 19 Johns. (N. Y.) 345, 10 Am. Dec. 232; Hicks v. Martin, 9 Mart. O. S. (La.) 48, 13 Am. Dec. 304; Morgan v. Mitchell, 3 Mart. N. S. (La.) 576. The burden of proof of the want of mental capacity of a person at the time of his marriage is on those asserting it, in the absence of proof of a confirmed condition of lunacy or idiocy prior to such marriage; Nonneinacher v. Nonn6macher, 159 Pa. G34, 28 Atl. 439. In general, wherever the law presumes the affirmative, it lies on the party who denies the fact to prove the negative; as when the law raises a presumption as to the continuance of life, the legitimacy of children born in wedlock, or the satisfaction of a debt. The party on whom the onus probandi lies is entitled to begin, notwithstanding the technical form of the proceedings; 1 Stark. Ev. 584. See Burden of Proof; Opening and Closing; Negative.

The charge of importing merchandise, mentioned in St. 12 Car. II. c. 28.

Defined under Onus in Black's Law Dictionary.

The charge of importing merchandise, mentioned in St. 12 Car. II. c. 28.