Question

The burden of proof falls upon the defendant, contrary to the usual burden of proof requirement, except in cases that apply this principle _____________.

Answer 1

In most legal situations, the plaintiff carries the burden of proof, but in cases applying the Sherbert test, particularly around the freedom of religious practice, the burden shifts to the government.

Step-by-step explanation:

The burden of proof typically falls upon the plaintiff that is bringing the case before the court, whether it be a civil case or a criminal case where the government acts as the plaintiff. However, a complete sentence with the blank filled in might read: The burden of proof falls upon the defendant, contrary to the usual burden of proof requirement, except in cases that apply the Sherbert test principle. The Sherbert test requires the government to have a compelling interest and that the law in question is narrowly tailored when it comes to laws that limit or burden religious practices, effectively shifting the burden of proof onto the government.