burden of proof

In law, the burden of proof refers to the duty to prove a disputed assertion or charge. This concept is multifaceted and can be understood in two ways: the burden of producing evidence and the burden of conviction.12

The burden of producing evidence generally falls on the party making a claim, requiring them to present evidence to support their assertions. This can shift based on legal rules or presumptions. The burden of conviction comes into play when, after evidence is presented, doubts remain. The party bearing the burden of pleading and producing facts typically also carries this burden.2

In civil cases, the plaintiff usually has the burden of proof, unless it's shifted. In criminal proceedings, the prosecution bears the burden of proving all relevant facts, as the defendant is presumed innocent until guilt is established beyond a reasonable doubt. The standard of proof required varies; common-law countries demand a lower degree of probability in civil cases than in criminal ones, where proof must be beyond a reasonable doubt.34