burden of proof

Beginner ⚖️ Legal

Definition

The obligation to prove your case, usually resting on the party making the accusation. It's why prosecutors have to actually demonstrate guilt rather than defendants having to prove innocence—though it doesn't always feel that way in the courtroom.

Example Usage

The burden of proof in civil cases is 'preponderance of evidence,' which is just fancy lawyer-speak for 'more likely than not.'

Origin

From Latin 'onus probandi,' formalized in English common law

Fun Fact

Different types of cases have different burden of proof standards: criminal cases require proof 'beyond a reasonable doubt,' while civil cases only need a 'preponderance of evidence.'

Source: Common legal procedure terminology

Related Terms

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