Onus probandi
Defined in 3 dictionaries — Case Law, Ballentine's (1916), Black's (1891)
Definitions from Case Law
From 2 U.S. 19 - Miller v. The Ship Resolution · 1781Most cited · 2 citing opinions
But the Ship Resolution is captured and both Ship and Cargo are libelled as prize. A question is made; on whom lies the onus probandi? We think on the captors. There can be no condemnation without proof that the Ship or Cargo is prize; and it cannot be expected, that the persons who contest the capture will produce that proof.
Ballentine's Law Dictionary
James A. Ballentine · 1916
A Dictionary of Law
Henry Campbell Black · 1891
Lat. Burden of proving; the burden of proof. The strict meaning of the term “onus probandi” is that, if no evidence is adduced by the party on whom the burden is cast, the issue must be found against him. 1 Houst. 44.