Law · Legal Information · Justice
 

Burden of proof

A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court.

A rule of evidence that imposes on a participant in a court case the initial obligation to prove a certain thing or the contrary will be assumed by the court.

For example, in criminal trials, the prosecution has the burden of proving the accused guilt because innocence is presumed.

In Sellers v. Kincaid 303 Ill 216 (Illinois Supreme Court, 1922):

"Burden of proof has two distinct meanings; that generally the burden of proof, in the sense of producing evidence, passes from party to party as the case progresses, while the burden of proof in the sense of the obligation to establish the truth of the claim by a preponderance of the evidence rests throughout upon the party asserting the affirmative of the issue, and that, in the contest of a will, the burden of proof is on the proponent to prove the will."

Latest LagMag headlines:

Birthday Legal Information Ramblings

It only takes two psychiatrists to lock someone away. Birthday or not, here's enough to find ten.

Politically-Correct Is Dead! Long Live The Truth!

We speaketh prematurely but the lovely knoll of ditching political correctness- sweeter sounding still as it rings from the home of the common law - has been heard and struck a beacon of light upon the shadow of law which naively wants to be all things to all cultures.

Police: Would That Be Cowardice or Stupidity?

British Columbia experiences two shining examples of police inaction - either cowardice or stupidity - in less than nine months.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top