The burden of proof is the obligation to prove a claim or charge to the level of certainty the law requires.
Burden of proof is the obligation to prove a claim, defense, or charge to the level of certainty the law requires.
This term matters because every case involves a question about who must prove what. Without that allocation, a court cannot decide how much evidence is needed or who loses when the proof is incomplete.
The burden of proof also matters because it changes by context. Criminal prosecutions use a much higher standard than most civil lawsuits.
The term appears in jury instructions, motions, appellate opinions, trial strategy discussions, and legal writing about who carries the duty to persuade the court or jury.
In a negligence case, the plaintiff carries the burden of proving the elements of the claim by the applicable civil standard. In a criminal case, the prosecution carries the burden of proving guilt to a much higher standard.
Burden of proof is the overall obligation to prove something. Terms such as beyond a reasonable doubt, preponderance of the evidence, and clear and convincing evidence describe different proof levels that may satisfy that burden.