Burden of proof — in plain language

Plain language

the responsibility to prove your claims or defenses in court — in criminal cases, the prosecution must prove guilt beyond reasonable doubt; in civil cases, the person suing must prove their case by showing it's more likely true than not

• responsibility to prove your case
• who has to convince the judge or jury
• duty to present evidence supporting your claims

What to watch for

• The burden of proof is not the same as the standard of proof. The burden is who has to prove something; the standard is how convincing they have to be. Both must be translated clearly.
• In civil cases, 'preponderance of the evidence' is often mistranslated as 'beyond reasonable doubt' — these are completely different standards with different levels of certainty required.
• The burden can shift during a case. If the defendant raises an affirmative defense, they may then have the burden of proving that defense. A plain-language translation must track these shifts.
• Non-lawyers often think 'burden of proof' means 'the hardest part to prove.' It actually refers to which party has the legal obligation to present evidence on a particular issue.

Who Has to Prove What Changes by Case Type. The burden of proof works differently in criminal versus civil cases, and this distinction is crucial for understanding. Criminal cases require proof beyond a reasonable doubt because someone's freedom is at stake. Civil cases use the lower preponderance standard because they typically involve money or rights, not liberty.

When the Burden Shifts. The burden doesn't always stay with the same party throughout a case. If a defendant raises an affirmative defense — like self-defense in a criminal case or a contract excuse in a civil case — they may then have the burden of proving that defense. The plain-language version should make clear who currently has the responsibility to prove what.

Common Misunderstandings by Non-Lawyers.

• "Beyond a reasonable doubt means the jury has to be 100% sure." (No — it means there should be no reasonable doubt, but some doubt can exist.)
• "If I have to prove something, that means I'm probably guilty or wrong." (Not true — the burden is just a rule about who presents evidence, not a judgment about truth.)
• "Burden of proof and standard of proof are the same thing." (No — burden is who proves, standard is how convincing they must be.)

Legal definition

The responsibility for proving a disputed fact or claim in a legal case. In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt — meaning there should be almost no reasonable question about the defendant's guilt. In civil cases, the person who brings the lawsuit (the plaintiff) must prove their case by showing it is more likely true than not. Sometimes the burden shifts — if a defendant raises a defense, they may then have to prove that defense.

Meanings by context

criminal law: The prosecutor must convince the jury of the defendant's guilt to the point where there's almost no reasonable question about it.

civil litigation: The person who started the lawsuit must show that their version of events is more believable than the other side's version.

administrative proceedings: Whoever is asking for something to happen has to prove why it should happen, unless the rules say otherwise.

Examples

Where you'll see it

• criminal trials
• civil lawsuits
• administrative hearings
• contract disputes
• custody proceedings

Related terms

• standard of proof
• preponderance of the evidence
• beyond a reasonable doubt
• clear and convincing evidence
• presumption

Word details

Pronunciation

BERD-uhn uv proof

Part of speech

noun

Origin

Latin — from 'onus probandi' — the duty of proving

Domains

evidence law, criminal law, civil litigation, administrative law

Frequency

very common

Formality

high