Burden of Proof
The legal obligation of a party to prove a claim or allegation with sufficient evidence in a court of law.
What is Burden of Proof?
Burden of proof is the legal obligation of a party to prove their claims or allegations in a case. In civil cases, it is usually “preponderance of evidence,” while in criminal cases, it is “beyond a reasonable doubt.”
Why It Matters?
It determines which party must present evidence and the standard needed to succeed in litigation.
Example
In a fraud lawsuit, the plaintiff carries the burden of proof to show that the defendant intentionally misrepresented facts.
Related Terms
Mediation
Litigation