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burden of proof. 1. A party’s duty to prove a disputed assertion or charge. • The burden of proof includes both the burden of persuasion and the burden of production. — Also termed onus probandi. See SHIFTING THE BURDEN OF PROOF. 2. Loosely, BURDEN OF PERSUASION. [Cases: Evidence  90. C.J.S. Evidence § 120–121, 126, 128.]…

burden of production.A 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 evidence; production burden; degree of…

burden of pleading.See BURDEN OF ALLEGATION. [Blacks Law 8th]

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;…

burden of going forward with evidence.See BURDEN OF PRODUCTION. [Blacks Law 8th]

burden of allegation.A party’s duty to plead a matter in order for that matter to be heard in the lawsuit. — Also termed burden of pleading.[Blacks Law 8th]

burden,n.1. A duty or responsibility <the seller’s burden to insure the shipped goods>.2. Something that hinders or oppresses <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>.4.Scots law. An encumbrance, restriction, or obligation imposed on a person or on property…

bunkhouse rule.The principle that an employee’s injury suffered while living in an employer’s housing is compensable even if the injury occurs during off-duty hours. [Cases: Workers’ Compensation  709. C.J.S. Workmen’s Compensation §§ 454–455.][Blacks Law 8th]

bundling,n. In the computer industry, the practice of charging a single price for a combination of hardware, software, or services. • Personal computers are typically sold with bundled software, such as an operating system and applications software that are preinstalled on the hardware.[Blacks Law 8th]    

bundle of rights.See PROPERTY(1).[Blacks Law 8th]