Burden of Proof

• Author: Jeffrey Wilson
• Pages: 375-377

Contenidos

• Background.
• Preponderance of the Evidence.
• Clear and Convincing Evidence.
• Beyond a Reasonable Doubt.
• Shifting Burden of Proof.
• Administrative Tribunals.
• Additional Resources.

Page 375

Background

A burden of proof refers to the responsibility each party to a controversy bears in proving its claim, defense (see below), or objection. It refers to that body of law dealing with evidence presented in a formal adjudication of a controversy which tends to prove or disprove a disputed fact. In civil cases, a general rule is that the burden of proof rests with the party advancing the matter to be proved. Courts apply three different standards in determining whether a party has met its burden of proof, discussed below.

In application, a party to a controversy must convince the adjudicative entity (court, jury, arbitrator, administrative law judge) to rule in its favor. It does this by presenting evidence that it believes supports its position. The party typically presents evidence to support each element of the claim or defense it proffers. How much weight and credibility to afford each item of evidence is up to the adjudicative entity before which the evidence is presented.

Preponderance of the Evidence

In most civil cases/lawsuits as well as administrative hearings, a party must prove its claim or position by a preponderance, defined as a superiority in weight, force, importance, etc. In legal terms, a preponderance of evidence means that a party has shown that its version of facts, causes, damages, or fault is more likely than not the correct version, as in personal injury and breach of contract suits. This standard is the easiest to meet and applies to all civil cases unless otherwise provided by law.

The concept of "preponderance of the evidence" can be visualized as a scale representing the burden of proof, with the totality of evidence presented by each side resting on the respective trays on either side of the scale. If the scale tips ever so slightly to one side or the other, the weightier side will prevail. If the scale does not tip toward the side of the party bearing the burden of proof, that party cannot prevail.

Trial lawyers will often instruct juries that their clients must prevail at trial if they have proved their positions by as little as 51 percent likelihood of probability (anything from 51 to 100 percent constitutes a preponderance of evidence). In other words, if a jury believes there is a 51-49...