Burden of Proof
Introduction
Burden of Proof, in law, responsibility for proving a disputed charge or allegation. In criminal trials, the prosecution has the heavy burden of proving guilt beyond a reasonable doubt. In civil trials, the burden on the plaintiff is less rigorous. (1)
For information on:
- standards for overcoming burden of proof, see Burden of Proof in Evidence
- procedure related to establishing proof, see Trial, Opening Statements and Trial Procedures
- burden of proving a failure to exercise due care, see Burden of Proof in Negligence
- presumption of innocence that places burden of proof on prosecution, see Universal Declaration of Human Rights
The Presumption of Innocence and the Burden of Proof Explained
References
See Also
- Criminal Law (in international or comparative law)
- Criminal Procedure (in international or comparative law)
Burden of Proof in Private International Law
This section contain conflict of laws information and cross references related to burden of proof on some major countries and additional jurisdictions. It covers key issues involved when citizens face international situations. Information on private international law cases and courts related to burden of proof is provided here. Details on private international law books are available here.
Burden of Proof
Burden of Proof
Resources
See Also
- Criminal Law
- Criminal Procedure
Resources
See Also
- Beyond a reasonable doubt
- Clear and convincing proof
- Preponderance of evidence
- Reasonable doubt
- Shifting the burden of proof
Resources
See Also
Further Reading
- Information related to burden of proof in the Max Planck Encyclopedia of International Law(MPEPIL), Germany, United Kingdom
Resources
See Also
Further Reading
- Maximilian Seibl, “Burden of Proof”, Encyclopedia of Private International Law, Edward Elgar, 2017
Resources
Notes and References
See Also
Inquisitorial Legal System
Differences between a Grand jury and a Trial jury
Stages of a Criminal Case
Human Rights
Arbitration: Grounds for refusal (Article V) in general
Criminal Procedure: Trial Burden of Proof
Introduction to Burden of Proof
In criminal cases, the defendant is presumed innocent until the prosecution proves each element of the crime beyond a reasonable doubt. Thus, the law requires the jury to acquit the defendant unless it is convinced of the defendant’s guilt beyond a reasonable doubt. The jury in a criminal case may not convict on a finding that the defendant’s guilt is more likely than not. On the other hand, the law does not require absolute certainty. The standard for determining guilt is somewhere in between these two standards of proof.” (1)
Resources
Notes and References
- Information about Burden of Proof in the Encarta Online Encyclopedia
Guide to Burden of Proof
In this Section
Pretrial Events (including Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial), Trial,
Jury, Trial Evidence, Trial Motions, Burden of Proof, Hung Jury, Motions After Trial, Sentencing (including Sentencing Probation and Parole), Appeals and Habeas Corpus.
Negligence Burden of Proof
Introduction to Burden of Proof
The law does not presume negligence in any situation. Instead, it places the burden of proving the fact of negligence upon the party who alleges that another has been negligent. For example, a person who suffers a fractured leg as a result of an automobile accident must show that the injury was caused by the driver of the automobile. Moreover, the injured person must show that he or she did not contribute to causing the accident, as by failing to exercise due care in crossing the street. In general, unless the fault is exclusively that of the defendant, the plaintiff has no cause of action for injuries. In some states, however, the doctrine of comparative negligence may apply, whereby a plaintiff negligent to some degree may recover damages to some degree.
On occasion, the situation of the parties when injury occurs is such as to overcome the ordinary presumption of care on the part of the defendant. To such a situation, the maxim Res ipsa loquitur (“The thing speaks for itself”) is applied. If a railroad train jumps the tracks or a crate of goods falls out of a warehouse window, the situation, in each instance, would be one that would not ordinarily occur if the railroad company or the warehouse company had exercised due care. The presumption of due care is therefore overcome, and judgment will be granted for any resulting injury unless it is shown that, notwithstanding these appearances, the injury was not the exclusive fault of the defendant.
Even when it is shown that the defendant has been guilty of negligence, the plaintiff may fail in an action because of inability to show that legal harm has been sustained as the direct result of such negligence. A striking illustration of this rule is where nervous shock results from another’s negligence, as when, by fault of a railroad company, a car catches fire, frightening several passengers so badly that for weeks they are ill and confined to their beds. According to the prevailing doctrine in Great Britain and in the United States, these passengers have no cause of action against the company; in only a few jurisdictions is mental anguish, without consequent or attendant physical injury, deemed legal damage. It is generally held, however, that if the negligence of the defendant causes injury to one’s body, recovery may be had for pain and suffering.” (1)
Resources
Notes and References
- Information about Burden of Proof in the Encarta Online Encyclopedia
Guide to Burden of Proof
Spanish Translation of burden of proof
This is the legal translation of English to Spanish in relation to burden of proof and / or a definition of this topic: Carga de la Prueba (in Spanish, without translation of the dictionary entry).
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