Burden Of Proof Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Burden Of Proof, written in plain English, along with examples of how it is used.

What is Burden Of Proof?

(n) Burden of Proof is the legal obligation on a party to prove the allegation made by him against another party. The burden of proof in a case lies with the plaintiff unless defendant counter with a factual claim based on the allegation, that is when categorical acceptance is made by the defendant and he is disputing a factual position.

History and Definition of Burden of Proof

Burden of Proof is an essential concept in the legal system that determines which party is responsible for proving the allegations in a case. The term originated from the Latin phrase "Onus Probandi," which translates to "the burden of proving."

In criminal cases, the prosecution has to carry the burden of proof to establish the guilt of the accused. On the other hand, in civil cases, the plaintiff has to prove their case with evidence that would convince the judge or jury. The "burden of proof" can be categorized into two types; civil and criminal. In civil lawsuits, the plaintiff has the responsibility to provide evidence proving their case's validity, while in criminal cases, the prosecution must prove their case to determine the defendant’s guilt.

Examples of Burden of Proof

  1. In a criminal case, the prosecution carries the burden of proving the defendant's guilt beyond a reasonable doubt.
  2. A plaintiff must provide convincing evidence to prove their case in a civil dispute.
  3. If a defendant claims they acted in self-defense during a trial, they carry the burden of proving their claim with concrete evidence.

Legal Terms Similar to Burden of Proof

  1. Standard of proof: It is the degree of evidence that is required to prove the allegations.
  2. Presumption of innocence: It is a legal principle where the accused is presumed innocent until proven guilty.
  3. Prima facie case: It is a case where the evidence is enough to prove the case until contrary evidence is presented.