DefineLaw

What is the burden of proof?

The burden of proof is the duty to prove facts, usually by a preponderance or beyond reasonable doubt.

Why it matters

It decides who must convince the fact-finder and how sure they must be.

Common confusion

Civil cases use “preponderance”; criminal cases use “beyond reasonable doubt.”

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

What standard applies to my case?

Civil usually preponderance; criminal requires more.

Who has the burden?

The plaintiff or prosecutor, generally.

What if proof is equal?

The party with the burden loses.

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