From a legal standpoint, the burden of proof is the guiding point of discussion within the courtroom. It forces all party members to provide standing and supporting evidence that proves their claim. Evidence normally includes witness testimonies, documents such as photos, written work, printouts of text messages, and objects.
The burden of proof is normally assigned to the plaintiff – the party making a claim – but during a trial, the judge determines who has the burden of proof to varying parties. All claims made by each party can be questioned or countered by the opposing party to determine the truth of the claims. At the end of the trial, the judge and the jury decide whether that burden has been supported by all parties and come to a verdict.
There are three standards of the burden of proof that follow what the law world calls a standard of proof. A standard of proof is the level of evidence that is required to satisfy the burden of proof. The most common standards of proof are:
There are other standards of proof that can be used on a case-by-case basis including reasonable belief, reasonable suspicion, some evidence, substantial evidence, reasonable indications, and probable cause. These create different levels of certainty where beyond a reasonable doubt is greater than 99% and substantial evidence could be in the 60% range of certainty. It may point in a certain direction, but it is not proven.
The two types of burden of proof in law are called the burden of production and the burden of persuasion.
The party that has the burden of proof varies from each case. Every state has different rules and requirements in court. Contact us to discuss the importance of the burden of proof and how we can help you in meeting the requirements by the court.
Call us today at (702) 800-6000 for a free consultation. We’re available 24/7.
© Dimopoulos Injury Law. All rights reserved.
Ethics Disclosures: Past results do not guarantee future outcomes. You may have to pay the other side’s attorney’s fees and costs in the event of a loss. Our mission is to provide you with the highest settlement possible in the shortest time possible. We recover more than two million dollars per month on behalf of our clients. Super Bowl is a registered trademark of the National Football League (NFL). Dimopoulos Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with the NFL.702-605-7207