What does 'burden of proof' refer to?

The term 'burden of proof' refers to the specific requirement in legal proceedings that outlines the level of evidence necessary to support a claim. This concept is foundational in both civil and criminal cases, determining which party is responsible for providing the evidence that supports their assertions.

In a criminal case, the burden of proof is primarily on the prosecutor, who must present sufficient evidence to convince the judge or jury of the defendant's guilt 'beyond a reasonable doubt.' In civil cases, the burden may shift based on the claims made, commonly requiring a 'preponderance of the evidence,' which means that one side's evidence must outweigh that of the other.

Understanding this concept is essential because it shapes how cases are argued and the standards that must be met for a legal decision to be rendered in favor of one side.