Evidence
Burden of Proof
Definition
The burden of proof encompasses two distinct concepts: the burden of production (bringing forth sufficient evidence to make a prima facie case) and the burden of persuasion (convincing the trier of fact to the required standard). In civil cases, the standard is preponderance of the evidence (more likely than not). In criminal cases, the prosecution bears the burden of proving guilt beyond a reasonable doubt. Some civil matters — such as fraud and termination of parental rights — require clear and convincing evidence, an intermediate standard.
Example
In a personal injury lawsuit, the plaintiff must prove by a preponderance of the evidence that the defendant's negligence caused the injury — meaning it is more likely than not.