Burden of proof is a legal standard that determines if a legal claim is valid or invalid based on the evidence produced.

In virtually all litigation, the party that commences the lawsuit, typically referred to as the plaintiff, bears the burden of proof to establish his/her claims for which they seek relief from the ...

Explore the meaning of prima facie in law. Learn how it determines if a case proceeds to trial with definitions and examples ...

A Florida appellate court recently wrote to reiterate the difference between (1) the evidentiary burden of proof for a party in the trial court and (2) the appellate standard of review. The ...

Bing Wu of Beijing East IP explains what factors courts take into account when deciding where to place the burden of proof in patent infringement cases A patent owner who wants to enforce his patent ...

The 6th Circuit has followed the clear and convincing evidence standard since at least 1993, but the actual rule is silent on this issue. I wrote about Chief Judge Sutton's decision dismissing the ...

New Jersey lawmakers recently changed state law to require schools to bear the burden of proving, if there is a dispute with parents, that the educational plans they create for students with ...

The burden of proof is a burden, one that has been misplaced in cases of sexual assault, sexual harassment, rape and child molestation. Judge Brett Kavanaugh is sworn in before testifying during the ...