Proof
Introduction to Proof
Proof, in law, the process of establishing in a trial or legal action, through evidence and argument, the actual facts of a disputed issue. Evidence and arguments are generally presented by counsels for the defendant and the plaintiff (the instigating party in a case) in such a manner, and under the rules governing judicial procedure, that a judge or jury may be convinced of its truth. The submission of evidence may be by witnesses or by documents; arguments usually concern the inference that may properly be drawn from facts admitted or established. In an action at law, the plaintiff or party seeking relief is said to have the burden of proof-that is, the burden of sustaining the case until the trial is ended. Unless the plaintiff can present sufficient proof to overbalance that of the defendant, he or she is not considered to have sustained the burden of proof, and the case is dismissed.
In insurance law, the term proof of loss is applied to the statement of particulars of the nature, amount, and cause of damages sustained by an insured party; this statement must be filed with the insurer as a condition of reimbursement for the loss.” (1)
Clear and Convincing Proof
Resources
See Also
- Beyond a reasonable doubt
- Burden of proof
- Clear evidence or proof
Resources
Notes and References
- Information about Proof in the Encarta Online Encyclopedia
Guide to Proof
The Legal History of Proof
This section provides an overview of Proof
Resources
See Also
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Proof in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Proof in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
Hierarchical Display of Proof
Law > Justice > Judicial proceedings
Trade > Marketing > Commercial transaction > Sale > Distance selling > Electronic commerce > Electronic signature
Proof
Concept of Proof
See the dictionary definition of Proof.
Characteristics of Proof
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Resources
Translation of Proof
Thesaurus of Proof
Law > Justice > Judicial proceedings > Proof
Trade > Marketing > Commercial transaction > Sale > Distance selling > Electronic commerce > Electronic signature > Proof
See also
- Onus of proof
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