Burden - sustany/dvg GitHub Wiki

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.�