burden of proof

n. Law
The responsibility of proving a disputed charge or allegation.

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1. duty of a party to substantiate an allegation or issue , either to avoid dismissal of that issue in the trial or to convince the court of the truth of that claim and hence to prevail in a civil or criminal suit.


2. duty of a plaintiff , at the beginning of a trial, to make a prima facie showing of each fact necessary to establish the existence of a cause of action.


3. obligation to plead each element of a cause of action or affirmative defense or suffer a dismissal.

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Obligation of proving a disputed charge or allegation. For example, Are you sure you mailed the tax return on time? The burden of proof's on you. A legal term dating from the late 1500s, it has also been used more loosely in recent times.

If in some situation there is a proper presumption that something is true, anyone seeking to prove its opposite is said to bear the burden of proof. A certain amount of philosophical jockeying consists in trying to shift the burden of proof.

This entry contains information applicable to United States law only.

The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

The term connotes that evidence establishes a particular point to a moral certainty and it is beyond dispute that any reasonable alternative is possible. It does not mean that no doubt exists as to the accused's guilt, only that no reasonable doubt is possible from the evidence presented. This standard is distinguishable from the standard of proof applied in civil lawsuits: a preponderance of the evidence, which means that the evidence more likely than not establishes a particular point.

Beyond a reasonable doubt is the highest standard of proof that must be met in any trial.

n

In a legal proceeding, the duty to prove a fact or facts in dispute.

For a list of words related to burden of proof, see:

• Customs, Formalities, and Practices - burden of proof: duty to produce evidence to prove disputed facts, which lies with prosecutor in criminal case and with plaintiff in civil case

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