Burden of Proof
The obligation to prove the claims or charges you have made in a case.
The burden of proof is the responsibility placed on one party to prove that their version of the facts is true. The party with the burden of proof must present enough evidence to meet a specific legal standard, or they lose on that issue.
The standard depends on the type of case. In criminal cases, the prosecution must prove guilt “beyond a reasonable doubt” – the highest standard. In most civil cases, the plaintiff must prove their claims by a “preponderance of the evidence,” meaning it is more likely true than not.
Why it matters: If the party with the burden of proof does not meet their standard, they lose – even if the other side presents very little evidence. In a criminal case, this means the defendant does not have to prove innocence. The prosecution must prove guilt.
Example: In a personal injury lawsuit, the plaintiff has the burden of proving that the defendant’s actions caused the injury. If the evidence is a coin flip – equally likely either way – the plaintiff has not met the burden and loses.
Every trial and contested hearing, in both civil and criminal cases