Difference between revisions of "Burden of proof"

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See [[standard of proof]].
 
See [[standard of proof]].
  
[[category:legal terms]]
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[[Category:Legal Terms]]

Revision as of 18:25, April 23, 2008

The burden of proof is the responsibility of proving a point which is at issue between contending parties, as in a lawsuit. This is in contrast to a debate, in which each party must support his contentions.

In certain types of a dispute the status quo is often accepted as the norm, and defenders of the norm need not prove that it is true. Challengers to the norm have the burden of proof.

In polite debate, the person making an assertion carries the burden of proof - after all, no debate can begin unless the person provides ground for debate. Without evidence provided, an assertion can generally be rejected out of hand.

In some forums, the burden of proof is reversed, and an assertion is allowed to stand unless disproof is offered. Complaints against this sort of thing in jurisprudence led to the American standard of "innocent until proven guilty".

See standard of proof.