Glossary beginning with B
- Burden of proof
(Lat. Onus probandi) In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. The obligation of a party to establish by evidence a requisite degree of belief in the mind of the trier of fact or the court that all the facts necessary to win a judgment are presented and are probably true.
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact by a preponderance of the evidence, by clear and and convincing proof (civil cases), or by proof beyond a reasonable doubt (criminal cases).
Depending on the national or international legal system, the burden of proof (or "burden of persuasion") can lay with the plaintiff or the defendant.
Source: International Criminal Police Organization / International Foundation for Art Research / West's Law & Commercial Dictionary