Burden Of Proof

The legal burden of proof is requirement set by law that one of two parties is responsible to provide proof supporting or against the allegations. In civil trials, the burden of proof is on the plaintiff. This is much unlike criminal trials, in which the defendant has the burden of proof. Personal injury trials are considered civil trials, so the person suing (plaintiff) will hold the burden of proof. More specifically, it becomes the responsibility of the plaintiff to prove by evidence, a preponderance of evidence — which means they at the very least prove that the facts of their story are more true than not. In effect, they attempt to tip the balance of proof to their side, even if only slightly. This is said to be enough to prove to the judge or jury that they should be given some kind of damages.

Fast Facts

  • in criminal cases, the burden of proof in terms of evidence must be "beyond a reasonable doubt" in order for conviction to happen

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