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Onus

Latin: the burden. It is usually used in the context of evidence.

Latin: the burden.

It is usually used in the context of evidence.

The onus of proof in criminal cases lies with the government. It is the government that has the burden of proving beyond reasonable doubt.

In civil cases, the onus of proof lies with the plaintiff who must prove his case by balance of probabilities.

Thus "onus" refers both to the party with the burden, and to the scope of that burden, the latter depending whether the context is criminal or civil.

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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.

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