Glossary beginning with B

The Glossary provides basic legal and technical definitions for the most common terms related to the fight against illicit traffic in cultural goods.

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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