Burden of proof (law)
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| - | {{Template}}Both in [[common law]] and in [[civil law (legal system)|civil law]], a '''rebuttable presumption''' (in [[Latin]], ''praesumptio iuris tantum'') is an assumption made by a court, one that is taken to be true unless someone comes forward to contest it and [[Evidence (law)|prove]] otherwise. For example, a defendant in a criminal case is [[presumption of innocence|presumed innocent until proved guilty]]. A rebuttable presumption is often associated with ''[[prima facie]]'' evidence. | + | {{Template}} |
| + | The '''burden of proof''' ({{lang-la|onus probandi}}) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. | ||
| - | Rebuttable presumptions in [[criminal law]] are somewhat controversial in that they do effectively reverse the [[presumption of innocence]] in some cases. For example, in the [[United Kingdom]], Section 75 of the [[Sexual Offences Act 2003]] makes the rebuttable presumption that a person who is unconscious or asleep cannot [[consent (criminal law)|consent]] to sexual activity. | + | The burden of proof is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges." This is a statement of a version of the presumption of innocence that underpins the assessment of evidence in some legal systems, and is not a general statement of when one takes on the burden of proof. The burden of proof tends to lie with anyone who is arguing against received wisdom, but does not always, as sometimes the consequences of accepting a statement or the ease of gathering evidence in its defense might alter the burden of proof to its proponents shoulder. The burden may also be assigned institutionally. |
| - | == See also == | + | He who does not carry the burden of proof carries the [[Presumption of innocence|benefit of assumption]], meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. However the incidence of burden of proof is affected by common law, statute and procedure. |
| - | * [[Legal burden of proof]] | + | |
| - | * [[Conclusive presumption|Conclusive (irrebuttable) presumption]] | + | ==See also== |
| - | * [[Prima facie]]{{GFDL}} | + | * [[Philosophic burden of proof]] |
| + | * [[Probative]] | ||
| + | * [[Rebuttable presumption]] | ||
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| + | {{GFDL}} | ||
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The burden of proof (Template:Lang-la) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position.
The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges." This is a statement of a version of the presumption of innocence that underpins the assessment of evidence in some legal systems, and is not a general statement of when one takes on the burden of proof. The burden of proof tends to lie with anyone who is arguing against received wisdom, but does not always, as sometimes the consequences of accepting a statement or the ease of gathering evidence in its defense might alter the burden of proof to its proponents shoulder. The burden may also be assigned institutionally.
He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. However the incidence of burden of proof is affected by common law, statute and procedure.
See also
