What is the burden of proof?
The burden of proof is the duty to prove facts, usually by a preponderance or beyond reasonable doubt.
Why it matters
It decides who must convince the fact-finder and how sure they must be.
Common confusion
Civil cases use “preponderance”; criminal cases use “beyond reasonable doubt.”
Frequently Asked Questions
What standard applies to my case?
Civil usually preponderance; criminal requires more.
Who has the burden?
The plaintiff or prosecutor, generally.
What if proof is equal?
The party with the burden loses.