What is the burden of proof in law?
The burden of proof refers to the obligation to prove one's assertion or claim in a legal proceeding. It typically lies with the party making the claim.
How does it differ in civil and criminal cases?
In criminal cases, the burden of proof is on the prosecution, and they must prove the defendant's guilt 'beyond a reasonable doubt.' In civil cases, the burden is usually on the plaintiff, and they must prove their case by a 'preponderance of the evidence.'
What happens if the burden of proof is not met?
If the burden of proof is not met, the party with that burden may lose the case. In criminal cases, this often results in a not guilty verdict.
Can you give an example of burden of proof in a real case?
Sure! In a murder trial, the prosecution must provide evidence that proves the defendant committed the crime beyond a reasonable doubt. If they fail, the defendant is acquitted.
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