2. ONUS PROBANDI IS A LATIN PHRASE MEANING "BURDEN OF PROOF." THE BURDEN
OF PROOF IS A LEGAL TERM THAT REFERS TO THE OBLIGATION IN A COURT CASE FOR
ONE PARTY TO USE EVIDENCE TO CONVINCE THE PERSON OR PERSONS MAKING THE
DECISION ON THE CASE THAT THEIR SIDE OF THE STORY IS TRUE. IN MOST LEGAL
SYSTEMS, ONUS PROBANDI RESTS WITH THE PLAINTIFF IN CIVIL TRIALS AND WITH
THE PROSECUTION IN CRIMINAL TRIALS. DEPENDING ON THE CASE BEING TRIED,
THE TASK OF FULFILLING THE BURDEN OF PROOF CAN VARY FROM ONE PARTY
SIMPLY HAVING MORE EVIDENCE THAN THE OPPOSING PARTY TO THE ACCUSING
PARTY NEEDING TO PROVE THEIR CASE BEYOND A REASONABLE DOUBT. DIFFERENT
BURDENS OF PROOF ALSO EXIST TO JUSTIFY SUCH ACTIONS AS CRIMINAL SEARCH
AND SEIZURE, ARREST, OR INDICTMENT.
3. In any court trial, there is an implied accepted conclusion
before any evidence is presented. Whichever side holds onus
probandi must then attempt to shift this accepted conclusion
away from the opinion of the opposition to their own side
with the use of evidence. The other side holds benefit of
assumption, meaning that they don't need to prove their case
— they simply have to prove that they are not the guilty party.
4. There are different evidentiary burdens that must be fulfilled by
the party holding onus probandi. These burdens also depend on the
type of case being tried. The most stringent burden comes in
criminal trials, where the prosecution is required to prove that the
defendant is guilty beyond a reasonable doubt. On the other hand,
civil cases simply require that the plaintiff establish a
preponderance of the evidence, which simply means that he or she
establishes a better case than the defendant. Clear and convincing
evidence is a burden that lies between those two extremes, and
often comes into play in the sentencing of a criminal.
5. The question of which side holds onus probandi is dependent on the type
of case. In criminal cases, most legal systems put the burden of proof of the
case on the prosecution. Civil cases generally require that the plaintiff, or
the party bringing the civil suit to court, proves his or her case. Questions
of onus probandi also arise in other matters that may lead to court cases.
For example, police officers that conduct a search and seizure of an
individual must prove that they had a reasonable suspicion that a crime
was being committed or was imminent. Grounds to make an arrest or
indictment require a more severe burden, as the accusing party must
prove that there was probable cause for such action. Probable cause means
that there was a fair probability that evidence would eventually be found
implicating the accused.
