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Burden of proof (law)

Civil Procedure and Judicial Process Doctrine

In a legal dispute, the burden of proof, also called the onus of proof, is the obligation on one party to establish that they are correct by producing evidence sufficient to satisfy every legal element required for their claim or defense, while the opposing party ordinarily carries no equivalent obligation and is presumed correct unless that burden is met. The burden generally falls on the party bringing a claim, reflecting the Latin maxim that the necessity of proof always lies with the person who lays the charge: in civil suits the plaintiff must prove the defendant's actions caused the injury while the defendant must prove any affirmative defense, and in criminal cases the prosecution carries the burden while the defendant is presumed innocent. If the party bearing the burden fails to meet it, the claim is dismissed. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Core Principle
The party bringing a claim must produce evidence establishing every required legal element; the other party is presumed correct. 2
Classification
Doctrine Category
Evidence Law 1
Connections

In Area Of Law

Sources
1. Wikipedia: Burden of proof (law)
requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the disputeView the Source
2. Burden of proof (law) (Wikipedia)
  • Lead paragraph
    In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct.
  • In Group: Evidence and Proof Doctrines, Introduction, sentence 1
    In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct.
View the Source
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