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A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).
An example is in an American criminal case, where there is a presumption of innocence by the defendant. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.
A legal burden is determined by substantive law, rests upon one party and never shifts. [5] The satisfaction of the evidential burden has sometimes been described as "shifting the burden of proof", a label which has been criticized because the burden placed on a defendant is not the legal burden of proof resting on the prosecution. [6]
Another example is the D.C. Circuit Court's 2007 ruling in Abigail Alliance v. von Eschenbach that compelling government interest was demonstrated in the restriction of unapproved prescription drugs. [1] The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.
Russell's teapot is an analogy, formulated by the philosopher Bertrand Russell (1872–1970), to illustrate that the philosophic burden of proof lies upon a person making empirically unfalsifiable claims, as opposed to shifting the burden of disproof to others. Russell specifically applied his analogy in the context of religion. [1]
There is a debate over whether the argument from ignorance is always fallacious. It is generally accepted that there are only special circumstances in which this argument may not be fallacious. For example, with the presumption of innocence in legal cases, it would make sense to argue: [5] It has not been proven that the defendant is guilty.
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this particular provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim.
Proving a negative or negative proof may refer to: Proving a negative, in the philosophic burden of proof; Evidence of absence in general, such as evidence that there is no milk in a certain bowl; Modus tollens, a logical proof; Proof of impossibility, mathematics; Russell's teapot, an analogy: inability to disprove does not prove
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