burden

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 prohibit certain activities, impose building restrictions, and obligate owners to perform certain duties like ensuring certain areas are exposed to sunlight or keeping a road in usable condition.

In the realm of constitutional law , governments are not allowed to unduly burden the rights of the populace. Whether a law unduly burdens a right or not is generally determined by a categorical scrutiny test .

Furthermore, the doctrine of preclusion prevents state governments from burdening federal policy on certain issues. For example, the Dormant Commerce Clause precludes states from burdening interstate commerce. In this context, a burden is generally a state law that unduly restricts the free flow of goods and services between states.

In the field of civil procedure , a burden refers not to a restriction but to a procedural requirement a party must meet. For example, a plaintiff hoping to recover in a tort action must meet their burden of proof by establishing by a preponderance of the evidence that the defendant 1. Caused harm to the plaintiff, 2. Owned the plaintiff a duty, and 3. Breached that duty.

[Last reviewed in June of 2022 by the Wex Definitions Team ]

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