Burden of Proof ( Meaning & Definition)

Burden of Proof ( Meaning & Definition)

Burden of proof is a rule of evidence that requires a party to prove a disputed fact in the court, or else the contract will be assumed by the court. For example, in a criminal trial, the prosecution has the burden of proving the accused guilty beyond a reasonable doubt ( because of the presumption of innocence). It is the prosecution’s duty to demonstrate to the jury that the defendant is guilty of an offense, so that the jury may convict him/her.

However,under some jurisdictions, the defendant has the burden of establishing the existence of certain facts that give rise to a defense, for example- the insanity plea. In civil cases, normally the plaintiff is charged with burden of proof, but the defendant can be required to display certain defenses.

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