Actori Incumbit Onus Proband

Definition - What does Actori Incumbit Onus Proband mean?

Actori incumbit onus proband is Latin for, "the burden of proof is on the plaintiff." This means that the plaintiff must demonstrate that the defendant is guilty or is at fault for the claims that the plaintiff makes against him or her. The defendant is innocent until proven guilty, and will face no legal punishments or consequences until and unless the plaintiff successfully proves the claim to be legitimate.

Justipedia explains Actori Incumbit Onus Proband

Typically, a plaintiff files a claim with the courts because he or she believes that they were wronged by another party. However, just because a plaintiff believes that the party has wronged him or her does not automatically mean that the legal system accepts this opinion and punishes the defendant. The reason actori incumbit onus proband exists is because it makes it makes it possible for defendants to have a chance to defend themselves in court against the claims

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