Also known as: proofs · burden of proof · standard of proof
Written by attorneys · grounded in primary & secondary sources — see below
Evidence sufficient to establish or refute an alleged fact in the mind of a fact-finder. The term also denotes the persuasive effect of that evidence on the trier of fact.
Portia Price was acquitted of theft after trial. Prosecutors later charged her with receiving stolen property arising from the same incident. The court dismissed the second case because each offense required proof of a fact the other did not.
Paula Pierce contracted with Pinnacle Holdings to build a warehouse. The agreement set damages at ten percent of the contract price if either party breached. When Pinnacle Holdings failed to perform, the court enforced the clause after finding it reasonable given the anticipated loss and the difficulties of proof of loss.
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The United States challenged a state law that excluded women from a military college. The state defended the classification by offering evidence that the program addressed documented needs for single-sex education. The court struck down the statute after finding the justification not exceedingly persuasive and not substantially related to an important objective.
Preston Pratt bought specialized equipment from Phoenix Technologies under a contract that liquidated damages at fifteen percent of the purchase price for either party's breach. When Phoenix Technologies failed to deliver, the court enforced the clause because the amount was reasonable in light of anticipated harm and the difficulties of proof of loss.
Pearl Porter offered a will for probate. The contestants challenged due execution. The court required Pearl Porter to present prima facie proof that the testator signed the document in the presence of two witnesses before shifting any further burden to the contestants.
Paige Porter sued Patriot Insurance for coverage after a fire. At the pretrial conference the parties stipulated to the authenticity of the policy and the date of loss. The court accepted the stipulations to avoid unnecessary proof at trial.
No person may be convicted unless each element of the offense is proved beyond a reasonable doubt. In the absence of such proof the innocence of the defendant is assumed.
The court may direct that an offer of proof be made in question-and-answer form. The court may also make a statement about the character or form of the evidence and the ruling.
The plaintiff bears the burden of proving that the tortious conduct of the defendant caused the harm. When multiple actors combine to cause harm and one seeks to limit liability by apportionment, the burden of proof on apportionment rests on each actor seeking the limitation.
The proponent must establish prima facie proof of due execution in all cases and, if also a petitioner, prima facie proof of death and venue. Contestants bear the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.
Once the court rules definitively on the record before or at trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.
…or overbroad." A physician's abortion conviction was affirmed. In Thompson , n. 2, the court observed that any issue as to the burden of proof under the exemption of Art. 1196 "is not before us." But see Veevers v. State , 172 Tex. Cr. R. 162, 168-169, 354 S. W. 2d 161, 166-167 (1962). Cf. United States v. Vuitch , 402 U. S.…