Burden of proof

Burden of proof meaning

The burden of proof refers to the legal obligation of a party to prove the truth of their assertions or claims made in a case. In a criminal case, the burden of proof is on the prosecution, which must prove beyond a reasonable doubt that the defendant committed the crime. In civil cases, the burden of proof is on the claimant, who must prove their case on the balance of probabilities. The burden of proof is an essential concept in the UK legal system as it ensures that justice is served by ensuring that the party with the burden of proof presents sufficient evidence to support their claims.

Evidental burden of proof

The evidential burden of proof refers to the initial responsibility of a party in a legal dispute to present sufficient evidence to justify their claims. In criminal cases, it is typically the prosecution that bears this evidential burden of proof. They must provide evidence to the court that is sufficient (evidential threshold) to establish the guilt of the defendant beyond a reasonable doubt. In civil cases, the evidential burden of proof is placed on the party making the affirmative claim, whether it is the plaintiff or the defendant. The evidential burden is considered to be the lightest burden of proof in the legal system, as it only requires a party to produce enough evidence to establish a possibility that their claim is true, rather than proving the claim outright.

Legal burden of proof

The legal burden of proof refers to the obligation placed on a party to prove the ingredients of a claim in a civil case or an offense in criminal proceedings. In criminal cases, it is the responsibility of the prosecution to prove beyond the reasonable doubt that the accused committed each limb or element of the offence. In civil cases, the burden of proof may vary depending on the jurisdiction and the type of case. Generally, the plaintiff must prove their the elements of their claim by a preponderance of the evidence, which means that it is more likely than not that their version of the events is true.

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