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Burden of Proof

The burden of proof comes into play when an individual is taken to court. It refers to either party’s job to show the judge or jury that their version of the truth is indeed what happened. Enough evidence needs to be presented to show that the plaintiff’s story is, at a minimum, 50 percent true. It is possible for the burden of proof to shift to the defendant in the event that the defense claims a factual issue as a response to the plaintiff’s claims. In criminal cases, there is also the standard of proof, which refers to the extent by which a party has to prove a claim. Generally, when the stakes are higher, the standard of proof becomes that much higher with it.

Related Terms

  • Standard of Proof
  • Presumption of Innocence
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    The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.

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