A burden is a generic term referring to a restriction on a use or activity. Often, the term arises in property law. For instance, real property may carry an intangible burden in the form of covenants or easements. These burdens generally...
criminal law
burden of allegation
The burden of allegation, also known as the burden of pleading, refers to the plaintiff’s obligation to plead sufficient assertions of facts to support a cause of action against a defendant.
As established by the seminal...
burden of persuasion
The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof...
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a Department of Justice federal law enforcement agency charged with investigating violations of federal firearm, alcohol, and tobacco laws. The ATF’s mission is to protect the...
burglary
Burglary is a crime under both the common law and the model penal code. Exact definitions of burglary under the common law vary by jurisdiction though they all criminalize some form of illegally entering a building at night with the intent to...
but-for cause
But-for cause, sometimes used interchangeably with actual cause, is a necessary element for both liability in civil cases and a guilty verdict under much of criminal law.
In civil cases, but-for cause combines with proximate cause to...but-for test
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...
calumny
Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) misrepresenting someone’s conduct to harm that...
caning
Caning is a physical punishment where a person is struck a number of times by a cane that is usually made of rattan. Also called flogging or whipping, the cane is most commonly used against a person’s hands, back, or buttocks. Caning has...