Who is responsible for proving a case

The burden of proof has two components: the burden of production and the burden of persuasion. The burden of production is the obligation to present evidence to the judge or jury.

The burden of persuasion is the duty to convince the judge or jury to a certain standard, such as beyond a reasonable doubt , which is defined shortly. This standard is simply a measuring point and is determined by examining the quantity and quality of the evidence presented.

The plaintiff or prosecutor generally has the burden of proving the case, including every element of it.

The defendant often has the burden of proving any defense. The trier of fact determines whether a party met the burden of proof at trial. The trier of fact would be a judge in a nonjury or bench trial. In a criminal case, the trier of fact is almost always a jury because of the right to a jury trial in the Sixth Amendment. Jurors are not legal experts, so the judge explains the burden of proof in jury instructions, which are a common source of appeal.

Burdens of proof vary, depending on the type of case being tried. Preponderance of evidence requires the plaintiff to introduce slightly more or slightly better evidence than the defense. This can be as low as 51 percent plaintiff to 49 percent defendant.

Preponderance of evidence is a fairly low standard, but the plaintiff must still produce more and better evidence than the defense. If the plaintiff offers evidence of questionable quality, the judge or jury can find that the burden of proof is not met and the plaintiff loses the case.

For example, in the O. Simpson failed to meet the burden of proving the defense of alibi. The defendant does not always have to prove a defense in a civil case. If the plaintiff does not meet the burden of proof, the defendant is victorious without having to present any evidence at all.

Judges have struggled with a definition for this burden of proof. As Chief Justice Shaw stated nearly a century ago,. It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt; because every thing relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge Commonwealth v.

Webster, This fulfills the policy of criminal prosecutions, which is to punish the guilty, not the innocent. If even a slight chance exists that the defendant is innocent, the case most likely lacks convincing and credible evidence, and the trier of fact should acquit the defendant.

Some states require the defendant to meet the burden of production, but require the prosecution to thereafter meet the burden of persuasion, disproving the defense to a preponderance of evidence or, in some states, beyond a reasonable doubt.

Other states require the defendant to meet the burden of production and the burden of persuasion. The defendant does not always have to prove a defense in a criminal prosecution. If the prosecution does not meet the burden of proof, the defendant is acquitted without having to present any evidence at all. Ann is on trial for first-degree murder.

The defense is successful with this motion, and the judge rules that the murder weapon is inadmissible at trial. The prosecution decides to proceed anyway. The prosecution will fail to meet the burden of proof and Ann will be acquitted. Parties can use two tools to help meet the burden of proof: inference and presumption. Jury instructions can include inferences and presumptions and are often instrumental in the successful outcome of a case.

An inference is a conclusion that the judge or jury may make under the circumstances. An inference is never mandatory but is a choice. Measure ad performance. Select basic ads. Create a personalised ads profile.

Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. Burden of proof is a legal standard that requires parties to demonstrate that a claim is valid or invalid based on facts and evidence presented.

Burden of proof is typically required of one party in a claim, and in many cases, the party that is filing a claim is the party that must demonstrate that the claim is valid and carry the burden of proof. The burden of proof requirement is designed to ensure that legal decisions are made based on facts rather than by conjecture.

As a result, the party bringing a case or lawsuit to court must often back up their claims with facts and evidence, physical or otherwise. As in all civil cases , the ruling is based on a preponderance of the evidence—i.

Burden of proof and collection of evidence is part and parcel that lawyers engage in as part of their business. In insurance, it is used in the courts to determine whether a loss is covered by an insurance policy. Typically, the insured has the burden of proof to demonstrate that a loss is covered under the policy, while the insurer has the burden of proof to demonstrate that a loss was excluded under the terms of the policy contract.

Insurance companies will often use the courts to determine which company is responsible for providing coverage when more than one insurer is involved. This situation occurs in circumstances in which the insured has several different policies covering similar or related risks or when one party's insurance company sues another, for instance in the case of a car accident involving two or more vehicles. The insurers are required to demonstrate either that the loss was caused by an event that was not covered under the policy, or that another insurance company is responsible for the coverage.

The courts may decide that a particular policy is responsible for providing coverage, but may also determine that the different insurers are responsible for a portion of the loss. Providing information to prove that insurance coverage applies can be complicated.

For example, a homeowner's house is destroyed during a hurricane. The insured must prove that the destruction was caused by wind damage , while the insurer will try to prove that the damage was caused by water. The courts may find that both types of risk caused the damage. There are two types of statements that require burden or proof: An assertion carries a burden of proof and a presumption carries a conditional burden of proof.

Assumptions do not carry any burden of proof. In a fair number of insurance cases that get to court, negligence is alleged. This has been defined as the failure to exercise reasonable care. The beyond a reasonable doubt standard is a much higher standard than the preponderance of the evidence standard. Legal scholars generally describe the beyond a reasonable doubt standard as being met where the prosecutor demonstrates that there is no plausible reason to believe otherwise.

If there is any real doubt after careful consideration of all the evidence presented, then this standard has not been met. On the other hand, if there is a reasonable doubt that the defendant committed the crime, then the defendant should be pronounced innocent.

An example of the difference between the two standards is the infamous O. Simpson case. In the criminal trial of the case, the prosecution had enough evidence to prove the preponderance of the evidence standard, but the defense brought forth enough evidence to raise reasonable doubts with the jurors.

Because there were reasonable doubts left at the end of the trial, O. Simpson was acquitted. However, when the case was brought in a civil law court via a wrongful death lawsuit , the preponderance of the evidence standard was met, and O. It was much easier in this case to prove that O. Whether it is a civil or criminal case, the parties must meet or withstand certain burdens of proof to prevail in the case. An attorney will assist you in the representation and protection of your rights, interests, and defenses.

If you have a civil law case, then a qualified civil attorney will help you to understand your options. If you are involved in a criminal law case however, then a criminal defense lawyer will help you address your concerns over your position in the matter. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Beyond a Re Choose a Legal Category: Family Law. Real Estate and Property Law.