Also known as: burdens of establishing · burden to establish · burden for establishing · burden of proof · burden of production
Written by attorneys · grounded in primary & secondary sources — see below
The obligation of a party to introduce evidence sufficient to prove a particular fact or element of a claim or defense.
Belinda Baxter sued a driver after a collision. The driver claimed Baxter failed to yield. The court required the driver to present evidence showing Baxter's negligence contributed to the accident before reducing any recovery.
Brittany Bell suffered injury from one of two factories emitting toxins. She could not identify which factory caused the harm. Each factory then had to show its emissions did not cause her injury or face joint liability.
Bobby Brady offered his father's will for probate. Opponents challenged its validity. Bobby had to produce evidence of proper execution and the testator's capacity before the will could be admitted.
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Brooke Bryant was harmed by combined pollution from two companies. One company sought to limit its share of damages. That company had to prove the portion of harm attributable to its conduct alone.
Bella Barnes challenged a state policy favoring male applicants for certain jobs. The state defended the policy as advancing an important interest. The state had to supply an exceedingly persuasive justification showing the classification was substantially related to that objective.
Bianca Baker sued a manufacturer claiming its product caused her illness. She presented evidence linking the product to her harm. The manufacturer did not need to disprove causation until Baker first met her obligation to establish it.
The defendant must prove the plaintiff's contributory negligence by a preponderance of the evidence. This allocation prevents the plaintiff from having to disprove his or her own fault as part of the prima facie case.
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Yes. When multiple negligent defendants could have caused a single indivisible harm and the plaintiff cannot identify which one did so, each defendant must prove its conduct was not the cause in fact of the injury.
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The proponent of the will bears the burden of establishing prima facie proof of due execution in all cases. Contestants then carry the burden of proving lack of capacity, undue influence, or revocation.
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Each actor seeking to limit liability on apportionment grounds must prove the extent to which the harm is attributable to its own conduct.
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The government must provide an exceedingly persuasive justification showing that a gender classification is substantially related to an important governmental objective.
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…provides that the act "shall take effect immediately except that provisions of this act that establish new rules with respect to burden of proof or the imposition of liability in product liability actions shall apply only to product liability actions filed on or after the date of enactment." In its October 27, 1987, opinion,…