Glossary
Burden of proof
common-lawcivil-law
The obligation to prove a disputed fact, and the standard to which it must be proved.
In more detail
Common-law systems distinguish the civil standard (balance of probabilities) from the criminal standard (beyond reasonable doubt). Civil-law systems often speak instead of the judge's conviction, and inquisitorial procedure gives the court a greater role in gathering evidence, which softens the practical significance of the allocation.
Related terms
- presumption-of-innocence
- standard-of-review
See how this applies to you
Definitions are general. How a term operates depends on the jurisdiction you are in.