burden of proof

The “burden of proof” refers to the responsibility of a party in a legal dispute or argument to provide sufficient evidence to prove their claims or allegations. In legal settings, this typically means that the person making a claim (the plaintiff or prosecutor) must present evidence to support it, while the defendant may only need to refute or counter the evidence presented.

There are two main types of burden:

1. Burden of Production (or Burden of Going Forward): This is the obligation to present enough evidence to support your claim or argument.
2. Burden of Persuasion: This refers to the responsibility to convince the decision-maker (e.g., judge or jury) that your claim is more likely true than not.

The burden of proof can vary depending on the type of case:

• In criminal cases, the prosecution generally has the burden of proof and must prove the defendant’s guilt “beyond a reasonable doubt.”
• In civil cases, the plaintiff usually has the burden to prove their case by a “preponderance of the evidence” (i.e., more likely than not).

The principle ensures fairness by setting clear expectations for who needs to present evidence and what standard must be met.