Burden of Proof
The obligation of a party to prove their allegations or claims to a specified standard (e.g., preponderance of evidence, beyond a reasonable doubt).
Encyclopedia entry: Burden of Proof
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burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in criminal cases , the burden of proving the defendant ’s guilt is on the prosecution , and they must establish that fact beyond a reasonable doubt .
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence , which means the plaintiff merely needs to show that the fact in dispute is more likely than not. A "preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof.
The burden of proof is often said to consist of two distinct but related concepts: the burden of production , and the burden of persuasion .
Depending on the jurisdiction and type of action , the legal standard to satisfy the burden of proof in U.S. litigation may include, but is not limited to:
- beyond a reasonable doubt in criminal law.
- clear and convincing evidence to prove fraud in will disputes.
- preponderance of the evidence in most civil cases.
- probable cause in the acquisition of a warrant or arrest proceeding.
- reasonable belief as part of establishing probable cause.
- reasonable suspicion in cases involving police stop and searches.
- some credible evidence in cases necessitating immediate intervention, like child protective services disputes.
- some evidence in cases involving inmate discipline.
- substantial evidence in many appellate cases.
[Last reviewed in November of 2024 by the Wex Definitions Team
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.