Burden of proof

“ No amount of failure to disprove a proposition really proves it; and no amount of failure to prove a proposition really disproves it. As a general rule, the burden of proof rests upon the person stating the proposition, and his opponent is not called upon to disprove it or else have it considered proved. ”

“ Until evidence is given on the other side, the burden of proof is satisfied by a presumption arising from the fact that most men are sane. In this case there was the merest shadow of evidence that the defendant was not of sound mind. ”

“ In order to prevent this, it has been established as a general rule of evidence that the burden of proof lies on the person who wishes to support his case by a particular fact which lies more peculiarly within his knowledge, or of which he is supposed to be cognizant.' 1 Best, Ev. ”

“ There is no precedent for what you ask, and the contrary practice stares us in the face for centuries. What seems to you a partial practice, and, to be frank, some learned persons are of your mind, must be set against this,—that in capital cases the burden of proof lies on the crown, and not on the accused. ”

“ This obligation of adducing evidence and reasoning to support one side of a proposition before an answer from the other side can be demanded, is called burden of proof. The "burden" always rests upon the side that advocates a change, and the proposition should be so worded that the affirmative will have to undertake this duty.
One more principle must be observed: nothing in the wording of the subject should give one side any advantage over the other. Argument can exist only when reasonable men have a difference of opinion. ”

“ While it is true that the want of probable cause is required to be shown by the plaintiff, and the burden of proof is upon her in this respect, such proof must necessarily be of a negative character, and concerning facts which are principally within the knowledge of the defendant. ”

“ As to the presumptions, of course the legislature may go a good way in raising one or in changing the burden of proof, but there are limits. It is 'essential that there shall be some rational connection between the fact proved and the ultimate fact presumed, and that the inference of one fact from proof of another shall not be so unreasonable as to be a purely arbitrary mandate.' Mobile, J. & K. C. R. Co. ”

“ In the second place, the burden of proof rests upon them to show that legal restrictions on the methods of science would not vitiate investigations, and would not, therefore, entail upon human beings greater suffering than would otherwise be inflicted upon animals ... ”

“ Unfortunately, in such cases the matter of proof and the reliability of any claim, basicly, must rest entirely upon the intangible evidence of a man's own word; there can be no such thing as a palpable and indubitable proof. ”

“ When the Schulrath was gone, the poor’s advocate took his sulky house-goddess into his arms, and plied her with every conceivable method of proof; with proofs derived from immemorial hearsay, partial proofs, evidential proof, proof on oath, and by logical deduction—every kind of proof wherewith one can harden one’s own heart, or soften another’s. ”

“ If we begin stickling for proof in this way, our opponents would not be long in letting us know that absolute proof is unattainable on any subject, that reasonable presumption is our highest certainty, and that crying out for too much evidence is as bad as accepting too little. ”

“ When the proofs are independent of each other—that is to say, when they do not derive their value one from the other—then the more numerous the proofs adduced, the greater is the probability of the fact in question, because the falsity of one proof affects in no way the force of another. ”

“ But when I am dealing with a period or an event for which evidence is lacking or deficient, then obviously it is a sound criterion of criticism to accept the probable and not to presuppose the improbable. Common sense and general experience are nowhere more necessary than in their application, whether in a court of law or in the study of history, to those problems whose difficulty consists in the absence of direct proof. ”

“ As we extend our scrutiny into the evidence from direct observation, we find still other proofs independent of those just considered. One proof alone, be it remembered, is all that is required, but it will be found that there are many. ”

“ From the standpoint of the scientific inquirer, however, this whole theory of proof is open to the gravest objections. He finds first that it is impracticable, being composed throughout of counsels of perfection with which he cannot comply, and then that, even if he could, they would be perfectly useless, and destructive of his aims. ”

“ In this regard, a standard of proof represents an attempt to instruct the fact-finder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication. Although the phrases 'preponderance of the evidence' and 'proof beyond a reasonable doubt' are quantitatively imprecise, they do communicate to the finder of fact different notions concerning the degree of confidence he is expected to have in the correctness of his factual conclusions. ”

“ In far the greater number of crimes the proof must depend to a large extent upon the evidence of circumstances. But these must be so convincing that it is impossible in reason to draw any other conclusion from them. ”

“ Strictly speaking, evidence is said to be insufficient in law only in those cases where there is a total absence of such proof, either as to its quantity or kind, as in the particular case some rule of law requires as essential to the establishment of the fact. ”

“ We insist, that the terms 'if recognized by him,' are inserted for the single purpose of defining the proof upon which the material facts should be established, and are to be regarded only as prescribing a rule of evidence for the particular case. ”

“ And if conclusive proof be difficult to be obtained, shall we therefore fasten irremovably upon equivocal proof? Can we change the nature of what is contestable, and make it incontestable? Can we make that conclusive which God and nature have made inconclusive? ”

“ A proposition of fact is proved, when its truth is established by competent and satisfactory evidence. By competent evidence, is meant such as the nature of the [pg 022] thing to be proved requires; and by satisfactory evidence, is meant that amount of proof, which ordinarily satisfies an unprejudiced mind, beyond any reasonable doubt. ”

“ For the power to prove implies a sense of the need of proof, and things which the majority of mankind find practically important are in ninety-nine cases out of a hundred above proof. The need of proof becomes as obsolete in the case of assumed knowledge, as the practice of fortifying towns in the middle of an old and long settled country. ”

“ And from all these facts it is manifest that proof is at times added, and at times is not added. From which it is palpable that proof is not contained in a proposition, nor in an assumption, but that each being placed in its proper place, has its own peculiar force fixed and belonging to itself. And if that is the case, then those men have made a convenient arrangement who have divided argumentation into five parts. ”

“ There is, therefore, a certain kind of proposition which does not require proof. For why need one waste time in proving that there is a kind which does require proof; for that is easily visible to all men. And if this be the case, from this fact, and from that statement which we have established, it follows that proof is something distinct from a proposition. And if it is so, it is evidently false that argumentation is susceptible of only three divisions. ”

“ Presumptions normally arise when proof of one fact renders the existence of another fact "so probable that it is sensible and timesaving to assume the truth of [the inferred] fact . . . until the adversary disproves it." ”

“ Now an inference from facts, or acts, is matter of law, and I should hesitate to tell the jury that the traverser having in his possession fifty other libels, or any lesser or greater number, which he might have published with the same ease as he published one, is proof of malice [Pg 15] in publishing that one. An inference to be drawn from proved facts or circumstances is something like a corollary drawn from a previously demonstrated theorem in mathematics. ”

“ The general nature of such evidence: it would be absurd of the logician to pretend to instruct the chemist, economist and merchant, as to the special character of the evidence requisite in their several spheres of judgment. Still, by investigating the general conditions of proof, he sets every man upon his guard against the insufficiency of evidence. ”

“ Those conditions, though in themselves plain and simple, are, I believe, very imperfectly understood, and much bewildering nonsense is talked upon both sides of the question by men who have not clearly realized the nature of evidence, the amount of proof required, or the sources from which that proof must be derived. I think it possible to lay down a series of propositions with which, in principle at any rate, most reasonable minds would agree, and which would have the effect of defining the area of debate and the true point of conflict. ”

“ In which case the foundation of his assent is the probability of the thing, the proof being such as, for the most part, carries truth with it; the man on whose testimony he receives it not being wont to affirm anything contrary to, or besides his knowledge, especially in matters of this kind. ”

“ From this difficulty the pragmatist alone escapes, by assuming his premisses provisionally and arguing forwards, in order to test them by their consequences. If the deduced conclusion can be verified in fact, the premisses grow more assured. Thus every real inference is an experiment, and 'proof' is an affair of continuous trial and verification—not an infinite falling back upon an elusive 'certainty,' but an infinite reaching forwards towards a fuller consummation. ”

“ I am aware that absolute proof is not essential to conviction in a case of circumstantial evidence, but, on the other hand, to ignore facts which do not accord with a theory is to go to the other extreme, for by so doing you are in danger of excluding the possibility of any alternative theory. ”

“ If, upon the opening, it appears to be a case for farther proof, then it may be admitted instanter, unless, indeed, the court should be of the opinion that the captors ought to be allowed to produce farther proof also. The cause is before us as if in the inferior court. ”

“ When one has satisfied these conditions, he can use the dilemma with great effect.
By way of summary it may be said that the successful arguer must both build up his own proof and destroy his opponent's. To accomplish the latter one has to know what to refute and what to leave alone; he must distinguish between the important and the unessential, and he must take care not to "refute himself." Since proof consists of evidence and reasoning, the first step for him to take in refuting an argument is to apply the tests for each, and if possible show where his opponent has erred. ”

“ Every proof is the exhibition of the ground of a judgment which has been expressed, and of which, just because that ground is exhibited, we predicate truth. The principle of sufficient reason is just this expression of the demand for such a ground, and he who seeks a proof, i.e., the exhibition of a ground for this principle itself, presupposes it as true, and so falls into the circle of seeking a proof of the justification of the demand for proof. ”

“ For a proposition which can be proved by evidence is not subject to dispute, denial, or rejection: none but the ignorant would contradict it, and such contradiction is called "denial of a demonstrated proof." Thus you find men who deny the spherical form of the earth, or the circular form of the line in which the stars move, and the like: such men are not considered in this treatise. ”

“ The quality by virtue of which it has such an effect may be called its probative force, and evidence may therefore be defined as any 441fact which possesses such force. Probative force may be of any degree of intensity. When it is great enough to form a rational basis for the inference that the fact so evidenced really exists, the evidence possessing it is said to constitute proof. ”

“ Considering the knowledge required, and the difficulties to be overcome in forging a language in xxxvi such a manner as to impose, even for a time, upon the credulity of others, we shall conclude that nothing less than direct proof is requisite for establishing such a forgery as a real fact. ”

“ But if anything is proved to them, they do not know whether the proof is there; deny, agree with, or dispute, they know naught of it; they are soulless automatons. For reasonable men, however, proof lies in the spiritual eyes. ”

“ But, inasmuch as we are not concerned with mathematics, and are hence more badly placed in the matter of proof, we shall have to proceed more cautiously and with less certainty, than when the question is merely one of the area of a square. On the one hand we know only in the rarest cases that we are not ourselves mistaken, so that we must not, without anything further, lead another to agree with us; on the other hand we must beware of perverting the witness from his possibly sound opinions. ”

“ At the same time, the habit of proof by minute and exact measurement deadens the sense of proof by other methods, and, as we are unhappily aware when we look around us, it paralyzes the sense of beauty. ”

“ By certain proof is here meant, not merely such as may be presented to the senses, or such as cannot be rendered obscure, even for a moment, by a perverse disputant;—but such as when once understood, leaves no room for doubt in a sound mind. And this degree of certainty is every day obtained, in the common occasions of life, by means of evidence that is fallible in its nature, and which may be questionable in all its parts, separately considered. ”