the requirement that the plaintiff (the party bringing a civil lawsuit) show by
a "preponderance of evidence" or "weight of evidence" that all the facts necessary
to win a judgment are presented and are probably true. In a criminal trial the burden
of proof required of the prosecutor is to prove the guilt of the accused "beyond
a reasonable doubt," a much more difficult task. Unless there is a complete failure
to present substantial evidence of a vital fact (usually called an "element of the
cause of action"), the ultimate decision as to whether the plaintiff has met his/her
burden of proof rests with the jury or the judge if there is no jury. However, the
burden of proof is not always on the plaintiff. In some issues it may shift to the
defendant if he/she raises a factual issue in defense, such as a claim that he/she
was not the registered owner of the car that hit the plaintiff, so the defendant
has the burden to prove that defense. If at the close of the plaintiff's presentation
he/she has not produced any evidence on a necessary fact (e. g. any evidence of
damage) then the case may be dismissed without the defendant having to put on any
evidence.
See also beyond a reasonable doubt preponderance of the evidence prima facie
weight of evidence
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