Evidence Chapter 12: Burden & Standard of Proof (CLP)

In criminal or civil litigation, a burden of proof refers to the duty of the party to prove a fact or facts in issue, whereas a standard of proof is the degree of proof required for any fact in issue, which means the party has to assess and establish the relevancy of evidence to the fact.

The general rule is that the prosecutor and plaintiff bears the burden to prove, on the standard of beyond reasonable doubt (criminal matter) or balance of probabilities (civil matter).

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