Burden of proof (legal)- In a civil case the duty of convincing a judge or jury by preponderance of evidence that an allegation, or all the allegations, necessary to obtain a judgement is true. In a criminal case it is the duty of establishing the guilt of the accused beyond a reasonable doubt.
The ultimate burden of proof always resets on the plaintiff or the counter claimant in the civil case and on the State in a criminal one. The term is, however, also used for the duty of going forward with new evidence at any state in a civil action, when sufficient evidence has been adduced by either side to give that side a preponderance for the time being. This duty of going forward with evidence shifts from time to time and it is this which is meant when it is said that the burden of proof shifts.
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