EXAMPLE:
Jean files a lawsuit claiming that Don fraudulently induced her to buy a vacuum cleaner. Don replies that he has never met Jean and that he has never sold vacuum cleaners in Jean's section of town. Jean has a burden of proof to show facts that Don sold her a vacuum cleaner and did so by fraudulent means.2. the duty of a plaintiff, at the beginning of a trial, to make a prima facie showing of each fact necessary to establish the existence of a cause of action; referred to as the DUTY OF PRODUCING EVIDENCE (also BURDEN OF EVIDENCE or PRODUCTION BURDEN).
3. the obligation to plead each element of a cause of action or AFFIRMATIVE DEFENSE (see defense) or suffer a dismissal; referred to as the PLEADING BURDEN.
