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Burden of Proof

Definition - What does Burden of Proof mean?

The burden of proof is the legal obligation of a party to provide evidence in support of its claim or defense that will establish it as a fact in front of the trier of fact. The term is also used to refer to the quantum or standard of proof required from the party with the burden of proof to legally establish a fact.

Justipedia explains Burden of Proof

The burden of proof is basically the obligation of a party to change the mind of the trier of fact by providing evidence for the disputed fact. In a criminal case, the burden of proof generally lies on the prosecution to demonstrate that the defendant is guilty of a crime. In a civil case, the burden of proof usually rests on the plaintiff. It is also common for people to use the term when referring to the standard of proof being used in a litigation. The different standards of proof include preponderance of evidence and clear and convincing evidence.

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