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The burden of proof (Latin: onus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat – the burden of proof lies with the one who speaks, not the one who denies) is the obligation on a party in a dispute to provide sufficient warrant for its position.
A legal burden is determined by substantive law, rests upon one party and never shifts. [5] The satisfaction of the evidential burden has sometimes been described as "shifting the burden of proof", a label which has been criticized because the burden placed on a defendant is not the legal burden of proof resting on the prosecution. [6]
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this particular provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim.
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
The presumption of innocence is fundamental to Islamic law where the principle that the onus of proof is on the accuser or claimant is strongly held, based on a hadith documented by Imam Nawawi. [14] "Suspicion" is also highly condemned, this also from a hadith documented by Imam Nawawi [15] as well as Imam Bukhari [16] and Imam Muslim. [17]
While the case related to divorce law, it also served to confirm that the balance of probabilities is the applicable standard of proof in all civil proceedings, subject to statute. Prior to Briginshaw, due to the state of the law in England at the time, Australian law regarding the onus of proof in divorce cases "was a little confused". [4]
Russell's teapot is an analogy, formulated by the philosopher Bertrand Russell (1872–1970), to illustrate that the philosophic burden of proof lies upon a person making empirically unfalsifiable claims, as opposed to shifting the burden of disproof to others. Russell specifically applied his analogy in the context of religion. [1]