Burden of proof

The burden of proof is the responsibility to provide evidence or argument supporting a claim. Its allocation determines who must establish a proposition and to what standard.

Prima facie case: Evidence sufficient to support a claim unless rebutted by opposing evidence. Meeting this threshold can shift the need to respond to the opposing party.
Criminal procedure: The rules governing how criminal cases are investigated, prosecuted, and adjudicated. It allocates proof duties between prosecution and defense at trial.
Argument from ignorance: An argument that treats a claim as true because it has not been disproved, or false because it has not been proved. The fallacy misuses missing evidence instead of properly assigning a burden.
Argument: A set of premises offered to support a conclusion. A burden of proof concerns who must supply support within an argument.
Due process: Legal protections requiring fair procedures before government deprives a person of life, liberty, or property. Fair procedures depend partly on assigning proof duties in defensible ways.
Rebuttal: An argument or evidence offered to counter an opposing claim or argument. A rebuttal answers the case made by the party carrying the burden.
Civil procedure: The rules governing how noncriminal disputes are brought and resolved in court. Civil claims use proof allocations and standards distinct from criminal trials.
Shifting the burden of proof: An argumentative move that demands an opponent disprove a claim rather than supporting it oneself. It improperly transfers responsibility without establishing a valid reason for the shift.
Evidence: Information or material used to support or challenge a proposition. Evidence is the principal resource used to discharge a proof responsibility.
Rule of law: The principle that public power is exercised under established, publicly known laws. Consistent proof rules constrain arbitrary decisions by courts and officials.

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