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From Nordan Symposia
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==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English], from [http://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] byrthen; akin to Old English beran to carry
*[http://en.wikipedia.org/wiki/12th_century before 12th Century]
==Definitions==
*1a : something that is carried : load
:b : [[duty]], [[responsibility]]
*2: something oppressive or worrisome
*3a : the bearing of a load —usually used in the phrase beast of burden
:b : [[capacity]] for carrying cargo <a ship of a hundred tons burden>
==Description==
The '''burden''' of [[proof]] ([[Latin]]: ''onus probandi'') is the [[obligation]] to shift the accepted conclusion away from an [[oppositional]] [[opinion]] to one's own position.
The burden of proof is often [[associated]] with the [[Latin]] maxim ''semper necessitas probandi incumbit ei qui agit'', the best [[translation]] of which seems to be: "the [[necessity]] of [[proof]] always lies with the [[person]] who lays charges." This is a [[statement]] of a version of the [[presumption]] of [[innocence]] that underpins the assessment of [[evidence]] in some [[legal]] systems, and is not a general [[statement]] of when one takes on the burden of proof. The burden of proof tends to lie with anyone who is [[arguing]] against [[received]] [[wisdom]], but does not always, as sometimes the consequences of accepting a [[statement]] or the ease of gathering [[evidence]] in its [[defense]] might alter the burden of proof its proponents shoulder. The burden may also be assigned [[institution]]ally.
He who does not carry the burden of proof carries the [http://en.wikipedia.org/wiki/Presumption_of_innocence benefit of assumption], [[meaning]] he needs no [[evidence]] to [[support]] his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. However the incidence of burden of proof is affected by common law, statute and [[procedure]].
The burden of proof is an especially important issue in [[law]] and [[science]].[http://en.wikipedia.org/wiki/Legal_burden_of_proof]
[[Category: Law]]
[[Category: General Reference]]
==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English], from [http://nordan.daynal.org/wiki/index.php?title=English#ca._600-1100.09THE_OLD_ENGLISH.2C_OR_ANGLO-SAXON_PERIOD Old English] byrthen; akin to Old English beran to carry
*[http://en.wikipedia.org/wiki/12th_century before 12th Century]
==Definitions==
*1a : something that is carried : load
:b : [[duty]], [[responsibility]]
*2: something oppressive or worrisome
*3a : the bearing of a load —usually used in the phrase beast of burden
:b : [[capacity]] for carrying cargo <a ship of a hundred tons burden>
==Description==
The '''burden''' of [[proof]] ([[Latin]]: ''onus probandi'') is the [[obligation]] to shift the accepted conclusion away from an [[oppositional]] [[opinion]] to one's own position.
The burden of proof is often [[associated]] with the [[Latin]] maxim ''semper necessitas probandi incumbit ei qui agit'', the best [[translation]] of which seems to be: "the [[necessity]] of [[proof]] always lies with the [[person]] who lays charges." This is a [[statement]] of a version of the [[presumption]] of [[innocence]] that underpins the assessment of [[evidence]] in some [[legal]] systems, and is not a general [[statement]] of when one takes on the burden of proof. The burden of proof tends to lie with anyone who is [[arguing]] against [[received]] [[wisdom]], but does not always, as sometimes the consequences of accepting a [[statement]] or the ease of gathering [[evidence]] in its [[defense]] might alter the burden of proof its proponents shoulder. The burden may also be assigned [[institution]]ally.
He who does not carry the burden of proof carries the [http://en.wikipedia.org/wiki/Presumption_of_innocence benefit of assumption], [[meaning]] he needs no [[evidence]] to [[support]] his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. However the incidence of burden of proof is affected by common law, statute and [[procedure]].
The burden of proof is an especially important issue in [[law]] and [[science]].[http://en.wikipedia.org/wiki/Legal_burden_of_proof]
[[Category: Law]]
[[Category: General Reference]]
