Burdenof Proof

Burden of Proof. In English law, a statement of fact is said to be proved when the tribunal before whom the case comes for trial is convinced of its truth, and the evidence in support of it is known as "the proof." Where a person makes an allegation he is generally bound to prove it, and the onus or burden of so doing properly falls on him, the rule being that the burden of proof lies with the party who asserts the affirmative of the issue or question in dispute. Where a presumption only is so raised, he is said to shift the burden of proof - in other words, his allegation is taken to be true unless his opponent adduces evidence to rebut such presumption.