Evidence
Burden of Proof
The obligation to prove a claim, defense, or issue to the required legal standard.
Plain-English definition
The burden of proof answers two questions: who has to prove something, and how convincing the proof must be. In civil cases, plaintiffs usually carry the burden on their claims. In criminal cases, the government carries the burden of proving guilt beyond a reasonable doubt.
How it works
Burden questions appear in jury instructions, summary judgment motions, evidentiary presumptions, affirmative defenses, and appeals.
Why it matters
A party can lose even with some evidence if it carried the burden and the evidence did not reach the required level of certainty.
Related terms
More in Evidence
Attorney-Client Privilege
A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.
Authentication
The requirement to show that evidence is what the offering party claims it is.
Business Records Exception
A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.
Clear and Convincing Evidence
A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.
Daubert Motion
A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.
Expert Witness
A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.
Hearsay
An out-of-court statement offered to prove the truth of what the statement asserts.
Motion in Limine
A pretrial motion asking the court to admit, exclude, or limit specific evidence before the jury hears it.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.