Burden of Proof
/ˈbɜːrdən əv pruːf/
Definitions
- (n.) The obligation to prove one's assertion or claim in a legal proceeding.
The plaintiff has the burden of proof to show that the defendant was negligent.
- (n.) The level or degree of proof required to establish a claim or defense, such as 'preponderance of the evidence' or 'beyond a reasonable doubt.'
In criminal cases, the burden of proof requires evidence beyond a reasonable doubt.
Related terms
Commentary
Burden of proof comprises both the duty to present evidence and the standard that evidence must meet; drafters should clarify which aspect applies in context.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.