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.
- Obligation to prove disputed facts
- Includes burdens of production and persuasion
- Varies by criminal and civil context
- Can shift on specific issues or defenses
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