Burden of proof is the obligation to prove propositions or allegations in a legal action.
Usually the burden of proof lies on the party who complains.
A ‘burden of persuasion’ or a ‘legal burden’ is an obligation to prove a proposition that rests on a particular party during the entire duration of the legal proceeding and such burden does not shift to any other party. For instance, while the burden is on the prosecution to prove the elements of the offence in criminal proceedings, in civil proceedings the burden of proof lies on the plaintiff.
‘Burden of leading evidence’ is an obligation that shifts between parties over the course of the hearing, trial or witness action. When a party submits to the court prima facie proof of any material proposition, it becomes incumbent on the opposing party to present contrary evidence rebutting the same.
The ‘standard of proof’ is the level of proof required in a legal proceeding to discharge the burden of proof by satisfying the court that a given proposition is true. The degree of proof varies according to the nature of the legal proceedings.
Beyond a Reasonable Doubt:
In criminal cases the prosecution to succeed must prove guilt of the defendant ‘beyond a reasonable doubt’, which is the highest degree of proof. In default, the defendant is entitled to get the benefit of the doubt and acquittal.
‘Beyond a reasonable doubt’ means that there is no reasonable hesitation in the minds of a reasonable person regarding the guilt of the defendant. There can still be a doubt that however would not affect a reasonable person’s belief that the defendant is guilty.
Clear and Convincing Proof:
‘Clear and convincing proof’ is the highest degree of proof called for in civil cases in the US. This means the proposition is more likely to be true than not. However, this is a lesser standard than proof ‘beyond a reasonable doubt’ stated earlier.
Balance of Probabilities:
Alternatively known as the ‘Preponderance of evidence’ this is the level of proof required in most civil cases. This means the assertion has more than 50% chance to be true. This is still a more lenient standard than ‘clear and convincing proof’.
Probable Cause:
Probable cause if a lower standard of evidence used when the plaintiff is seeking a pre judgment remedy. It is also used to determine whether a search or an arrest is warranted.
Reasonable Suspicion:
This is a lower standard of proof used to decide if a brief search by a police officer or a government agent is called for.
