logo

Video encyclopedia

Legal burden of proof

2:12

Trial Legal Education pt.7 - Burden of Proof

2:04

Evidence: Burden of Proof

2:20

ÉDUCALOI.TV #13 ENG. - The Legal Burden of Proof

2:03

Who Has the Burden of Proof in a Criminal Case? | (843) 577-5530

3:14

Burden of Proof - Law 101 - Bachus & Schanker

The burden of proof is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party. In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. When a party bearing the burden of proof meets its burden, the burden of proof switches to the other side. Burdens may be of different kinds for each party, in different phases of litigation. The burden of production is a minimal burden to produce at least enough evidence for the trier of fact to consider a disputed claim. After litigants have met the burden of production and their claim is being considered by a trier of fact, they have the burden of persuasion, that enough evidence has been presented to persuade the trier of fact that their side is correct. There are different standards of persuasiveness ranging from a preponderance of the evidence, where there is just enough evidence to tip the balance, to proof beyond a reasonable doubt, as in United States criminal courts.