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Burden of proof vs. standards of proof?



Burden of Proof refers; the duty of a party to litigation to prove a fact or facts in issue. Generally, the burden of proof falls upon the party who substantially asserts the truth of a particular fact i.e. the prosecution or the Plaintiff as the existence or nonexistence of fact in issue. Also be noted that there are no absolute standards of proof in both criminal and civil cases but there may be degree of proof within those standards. 

Standard of proof refers the degree of proof required for any fact in issue in litigation which is established by assessing the evidence relevant to it. Example; in criminal cases the standard is proof beyond reasonable doubt, whereas, in civil cases, the standard is proof on balance of probabilities. That is in civil cases the plaintiff discharges his/her burden of proof when he/she adduces evidence of such a nature that the court can think it to be more probable than not. The burden doe not shift. 

Note: there are two types of burden of proof namely; persuasive/legal burden and evidential burden. Persuasive/Legal burden – it is the burden that is carried by the party who as a matter of law will lose the case if he fails to prove the fact in issue. Evidential Burden – is sometimes referred to as a burden of adducing evidence that means the duty of showing that there is sufficient evidence to raise an issue fit for the consideration by court.

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