Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Burden
n. 1. A duty or responsibility <the seller's burden to insure the shipped goods>. 2. Something that is oppressive <a burden on interstate commerce>. 3. A restriction on the use or value of land; an encumbrance <the easement created a burden on the estate>. -burden, ub. - burdensome, adj.
burden of allegation
A party's duty to plead a matter for that matter to be heard in the lawsuit. - Also termed burden of pleading.
burden of going forward with evidence
See BURDEN OF PRODUCTION.
burden of persuasion
A party's duty to convince the fact-finder to view the facts in a way that favors that party. ( In civil cases, the plaintiff's burden is usu. "by a preponderance of the evidence," while in criminal cases the prosecution's burden is "beyond a reasonable doubt." - Also termed persuasion burden; risk of nonpersuasion; risk of jur7- doubt --- Also loosely termed burden of proof burden of pleading. See i3t iuDe;N ()r ;1 -ec,a. TION.
burden of production
1 party's duty to introduce enough evidence on an issue to have the issue decided by the fact-finder, rather than decided against the party in a peremptory ruling such as a summary judgment or a directed verdict. - Also termed burden of going forward with evidence; burden of producing euidenee; production burden; degree of proof.
burden of proof
1. A party's duty to prove a disputed assertion or charge. 0 The burden of proof includes both the burden of persuasion and the burden of production. - Also termed onus probandi. 2. Loosely, BURDEN OF PERSUA. SION."In the past the term 'burden of proof has been used in two different senses. (1) The burden of going forward with the evidence. The party having this burden must introduce some evidence if he wishes to get a certain issue into the case. If he introduces enough evidence to require consideration of this issue, this burden has been met. (2) Burden of proof in the sense of carrying the risk of nonpersuasion. The one who has this burden stands to lose if his evidence fails to convince the jury - or the judge in a nonjury trial. The present trend is to use the term 'burden of proof only with this second meaning Rollin M. Perkins & Ronald N. Boyce, Criminal Law 78 (3d ed. 1982).
middle burden of proof
A level of required persuasion, between the preponderance-of-theevidence standard and the beyond-a-reasonable-doubt standard, by which a party is required to prove a fact by clear and convincing evidence. See clear and convincing evidence under EVIDENCE.
persuasion burden
See BURDEN OF PERSUASION.
production burden
See BURDEN OF PRODUCTION.
proof, burden of
See BURDEN OF PROOF.
shifting the burden of proof
In litigation, the transference of the duty to prove a fact from one party to the other; the passing of the duty to produce evidence in a case from one side to another as the case progresses, when one side has made a prima facie showing on a point of evidence, requiring the other side to rebut it by contradictory evidence. See BURDEN OF PROOF.
undue-burden test
Constitutional law. The Supreme Court test stating that a law regulating abortion will be struck down if it places a substantial obstacle in the path of a woman's right to obtain an abortion. ( This test replaced the "trimester analysis," set forth in Roe v. Wade, in which the state's ability to restrict abortion increased after each trimester of pregnancy. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 112 S.Ct. 2791 (1992).