Court & Litigation

Burden of Proof

Also known as: onus of proof

In plain English

The job of proving a case; usually it falls on the person who brings the claim.

What it means

The burden of proof is the obligation to prove the facts in dispute. In civil cases the plaintiff generally bears the burden and must prove their case on the balance of probabilities. The burden can shift for specific issues, for example, a defendant raising a positive defence must prove it. In criminal cases the prosecution carries a much heavier burden: proof beyond reasonable doubt.

How it's used

Because the burden of proof was on her, the plaintiff had to convince the magistrate the debt was owed.

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