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LexiconDream

🏋️ Burden of Proof

The obligation to prove a disputed fact in court.

Burden of Proof

Courts do not decide disputes in a vacuum of responsibility. The burden of proof is the obligation placed on a party to establish disputed facts to the satisfaction of the required standard.

In criminal cases the prosecution carries the burden of proving guilt beyond a reasonable doubt. In most civil cases the plaintiff must prove claims by a preponderance of the evidence. The burden of production requires a party to introduce enough evidence to raise an issue; the burden of persuasion requires convincing the fact-finder.

Burdens can shift on particular issues, such as affirmative defenses. Understanding who bears which burden shapes trial strategy, motions for judgment, and jury instructions. A party that fails to meet its burden loses on that issue even if the other side’s case is imperfect.

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