Generally, burden of proof describes the standard that a party seeking toproveafactincourtmust satisfy to have thatfactlegally established. There are different standards for different circ*mstances.
For example, incriminalcases, the burden ofprovingthedefendant’s guilt is on theprosecution, and they must establish thatfactbeyond areasonable doubt.
Incivilcases, theplaintiffhas the burden ofprovingtheircaseby apreponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not. A "preponderance of the evidence" and "beyond areasonable doubt" are different standards, requiring different amounts ofproof.
The burden of proof is often said to consist of two distinct but related concepts: theburden of production, and theburden of persuasion.
Depending on thejurisdictionand type ofaction, the legal standard to satisfy the burden of proof in U.S.litigationmay include, but is not limited to:
- beyond a reasonable doubt in criminal law.
- clear and convincing evidence in fraud in will disputes.
- preponderance of the evidence in most civil cases.
- probable cause in the acquisition of a warrant or arrest proceeding.
- reasonable belief as part of establishing probable cause.
- reasonable suspicion in cases involving police stop and searches.
- some credibleevidence in cases necessitating immediate intervention, like child protective services disputes.
- someevidence in cases involving inmate discipline.
- substantial evidence in many appellate cases.
[Last updated in June of 2022 by the Wex Definitions Team]
