Burden of Proof Definition

Burden of Proof in Civil Cases

In a civil case, the plaintiff or the person who filed the civil lawsuit has the burden of proof. They need to prove that each of the elements of the case are more likely to be true than false. The law states, ““A party must persuade you [the jury], by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as “the burden of proof.”

Therefore, before filing a civil lawsuit, an attorney will look at the evidence the plaintiff has to see if they have enough evidence to satisfy the burden of proof.

The plaintiff submits their claims to the court when they file their lawsuit and they must provide evidence that shows the harm was most likely caused by the defendant.

Burden of Proof in Criminal Cases

The burden of proof in criminal cases, “The prosecution in a criminal case bears the burden of proving to the jury beyond a reasonable doubt all of the elements necessary to establish the guilt of the defendant.”

Criminal cases have a much higher burden of proof because the defendant is facing criminal charges and potential jail time. The prosecutor, who works on behalf of the state, has the burden of proof. They must prove each of the elements of the crime beyond a reasonable doubt. That means they must provide enough evidence that there is no reasonable doubt in the juror’s mind that the defendant committed the crime. This means that a defendant can be found not guilty if the defendant is able to prove that someone else may have committed the crime.

In a criminal case, the defendant is presumed innocent until the prosecutor proves them guilty, requiring a higher burden of proof. The defendant does not need to prove that they are innocent, just disprove the claims the prosecutor is making or introduce reasonable doubt.

What are the three types of burden of proof?

If you are a plaintiff in a civil case, then you likely have the burden of proof. It is important to remember that the higher the damages of the case, the higher the burden of proof.

Here are the 3 levels of burden of proof that the plaintiff may have to show, depending on the type of case:

1. Preponderance of the evidence – If the case is for personal injury or property damage, then the plaintiff must present proof that the defendant is mostly to blame for the plaintiff’s losses and suffering. Each state has different rules about this. In California, the plaintiff only needs to prove that the defendant was at least 50% to blame for the incident in question.
   
   
2. Clear and convincing evidence – If the case may result in penalties that would limit the defendant’s civil liberties or make high-stakes changes to their lives, then the plaintiff must show clear and convincing evidence to satisfy the burden of proof. This is often used for cases like challenging wills or probate or child custody cases.
   
   
3. Beyond a reasonable doubt – This is the highest burden of proof the legal system gives and is on the same level as criminal cases. In order to satisfy this burden of proof, the evidence the plaintiff presents must show there is no other logical explanation for the facts they present. The burden of proof may be beyond a reasonable doubt in civil cases for things like conservatorships.

The Burden of Proof and Negligence

A plaintiff in a negligence case must prove with a preponderance of evidence that the defendant caused the harm. The burden of proof is the degree to which a particular party must prove their case in order to win at trial.

If the plaintiff cannot meet the burden of proof for showing that the defendant was negligent, then the plaintiff will not win the case. In order to prove the defendant was negligent, the plaintiff must prove that the defendant owed a duty of care and that they did not act as a reasonable person in the same position would.