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Burden of Proof or Standard of Proof
Burden of proof is the responsibility of a party to litigation or a criminal trial to produce factual, tangible evidence that supports the arguments made in a court proceeding.
For example, in the United States it has historically been the practice in criminal cases to presume innocence on the part of the defendant; the burden of proof of the defendant's guilt lay upon the prosecution.
In a more general sense, burden of proof is constituted of a party's obligation to furnish proof of any allegations that are presented in a court of law during a trial, hearing or deposition.
The burden of proof falls into one of three categories. The legal burden, also known as the burden of persuasion, consists of an obligation that one party to legal action must carry throughout the duration of the claim. By successfully discharging this burden before the judge (i.e. proving a defendant's guilt beyond a reasonable doubt), this party will succeed in its claim.
An evidentiary burden or burden of leading evidence can shift back and forth between the plaintiff and the defendant in a civil lawsuit. Essentially, one party is required to present some evidence (i.e., an injury or illness) that the court may consider as prima facie (PREE-mah FAH-chee) evidence regarding a situation or state of being. When one party presents this evidence, the evidentiary burden shifts to the opposing party in order to refute the first party's evidence.
The tactical burden is similar to an evidentiary burden. In this case, the court may infer facts from such evidence unless it can be successfully refuted by the opposing party.
Generally, when it comes to civil litigation, the burden of proof is on the plaintiff, who must convince the judge and jury that (A) an injury was suffered (B) as a result of a defendant's action or negligence and (C) entitles the plaintiff to recover damages.