Define: Onus Probandi

“Onus Probandi” is a Latin term that translates to “burden of proof” in English. It refers to the legal principle that the party making a claim or asserting a fact has the responsibility to provide sufficient evidence to support their claim.

In a criminal case, the burden of proof lies with the prosecution. They must prove the defendant’s guilt beyond a reasonable doubt.

In a civil case, the burden of proof typically rests with the plaintiff. They must prove their case by a preponderance of the evidence, meaning that it is more likely than not that their claims are true.

If the party with the burden of proof fails to meet it, the court may rule in favor of the opposing party. In a criminal case, this would result in an acquittal, while in a civil case, it would lead to a judgment in favor of the defendant.

Yes, in certain circumstances, the burden of proof can shift. For example, if the defendant raises an affirmative defence, they may bear the burden of proving that defence.

No, the burden of proof can vary depending on the legal system. Common law systems generally require proof beyond a reasonable doubt in criminal cases, while civil law systems often require proof by a preponderance of the evidence.

Yes, in some cases, the burden of proof may be lowered. For example, in cases involving allegations of negligence, the burden of proof may be reduced to a standard of “balance of probabilities.”

In some cases, the burden of proof may be shared between parties. This can occur when both parties have claims against each other, and they each have to prove their respective claims.

In certain circumstances, the burden of proof may be shifted to a third party. For example, if a defendant raises the defence of insanity, they may have to prove their mental state at the time of the offense.

Yes, in some cases, the burden of proof can be waived. For example, if both parties agree to a settlement or a plea bargain, they may choose to forego the need for one party to meet the burden of proof.