What does the term "burden of proof" refer to?

The term "burden of proof" refers to the responsibility of proving assertions made in a legal context. This concept is fundamental in both civil and criminal cases, where one party must demonstrate that their claims or defenses are valid and supported by evidence. In criminal law, the burden typically lies with the prosecution, which must prove the defendant's guilt "beyond a reasonable doubt." In civil law, the burden of proof usually falls on the plaintiff, who must establish their case by a "preponderance of the evidence."

Understanding the burden of proof is crucial for grasping how legal arguments are constructed and the expectations placed on parties when presenting their cases. It also highlights the idea that in legal disputes, mere assertions without evidence do not suffice to persuade a judge or jury. Thus, the concept plays a pivotal role in ensuring that justice is served through the proper evaluation of evidence and claims in a court of law.