Burden of proof - sustany/dvg GitHub Wiki

Generally, burden of proof describes the standard that a party seeking to�prove�a�fact�in�court�must satisfy to have that�fact�legally established. There are different standards for different circumstances.�

For example, in�criminal�cases, the burden of�proving�the�defendant�s guilt is on the�prosecution, and they must establish that�fact�beyond a�reasonable doubt.�

In�civil�cases, the�plaintiff�has the burden of�proving�their�case�by a�preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not. A "preponderance of the evidence" and "beyond a�reasonable doubt" are different standards, requiring different amounts of�proof.

The burden of proof is often said to consist of two distinct but related concepts: the�burden of production, and the�burden of persuasion.

Depending on the�jurisdiction�and type of�action, the legal standard to satisfy the burden of proof in U.S.�litigation�may include, but is not limited to:

• beyond a reasonable doubt in criminal law.
• clear and convincing evidence in fraud in will disputes.
• preponderance of the evidence in most civil cases.
• probable cause in the acquisition of a warrant or arrest proceeding.
• reasonable belief as part of establishing probable cause.
• reasonable suspicion in cases involving police stop and searches.
• some credible�evidence in cases necessitating immediate intervention, like child protective services disputes.
• some�evidence in cases involving inmate discipline.
• substantial evidence in many appellate cases.