Standard of Proof: United States
Burden of proof refers most generally to the obligation of a party to prove its allegations at trial. In a civil case the plaintiff sets forth its allegations in a complaint, petition or other pleading. The defendant is then required to file a responsive pleading denying some or all of the allegations and setting forth any affirmative facts in defense affirmative defenses. Each party has the burden of proof of their allegations. In In Re Rogers the Alabama Supreme Court set forth a common explication of the concept as a jurisprudential maxim:
"The Sixth Edition of Black's Law Dictionary explained the parenthetical maxim as follows: ¶ 'Ei incumbit probatio, qui dicit, non qui negat; cum per rerum naturam factum negantis probatio nulla sit.... The proof lies upon him who affirms, not upon him who denies; since, by the nature of things, he who denies a fact cannot produce any proof. ¶ Black's Law Dictionary 516 (6th ed. 1990).'"
Read more about this topic: Legal Burden Of Proof
Famous quotes containing the words united states, standard of, standard, united and/or states:
“I do not look upon these United States as a finished product. We are still in the making.”
—Franklin D. Roosevelt (1882–1954)
“The art of advertisement, after the American manner, has introduced into all our life such a lavish use of superlatives, that no standard of value whatever is intact.”
—Wyndham Lewis (1882–1957)
“An indirect quotation we can usually expect to rate only as better or worse, more or less faithful, and we cannot even hope for a strict standard of more and less; what is involved is evaluation, relative to special purposes, of an essentially dramatic act.”
—Willard Van Orman Quine (b. 1908)
“The popular colleges of the United States are turning out more educated people with less originality and fewer geniuses than any other country.”
—Caroline Nichols Churchill (1833–?)
“... there is a place in the United States for the Negro. They are real American citizens, and at home. They have fought and bled and died, like men, to make this country what it is. And if they have got to suffer and die, and be lynched, and tortured, and burned at the stake, I say they are at home.”
—Amanda Berry Smith (1837–1915)