Evidential Burden of Proof vs. Legal Burden of Proof

Attribute	Evidential Burden of Proof	Legal Burden of Proof
Definition	The obligation to provide enough evidence to support a claim or assertion.	The standard of proof required to establish the truth of a fact in a legal proceeding.
Standard	Lower standard than legal burden of proof.	Higher standard than evidential burden of proof.
Who bears the burden	Generally falls on the party making the claim or assertion.	Generally falls on the party seeking to prove or disprove a fact in court.
Consequences of not meeting burden	May result in the claim or assertion being rejected or not believed.	May result in the case being decided against the party failing to meet the burden.

Definition

Evidential burden of proof refers to the obligation of a party in a legal proceeding to provide sufficient evidence to support their claim or defense. This burden requires the party to present enough evidence to establish a prima facie case, which means that a reasonable person could believe the facts alleged. On the other hand, legal burden of proof refers to the obligation of a party to prove their case by a certain standard of proof, such as beyond a reasonable doubt in criminal cases or by a preponderance of the evidence in civil cases.

Nature of Proof

When it comes to evidential burden of proof, the focus is on the evidence presented by the party with the burden. This party must provide enough evidence to support their claim or defense, but they do not necessarily have to prove their case beyond a certain standard. In contrast, legal burden of proof requires the party to meet a specific standard of proof set by the law. This means that the party must convince the fact-finder (judge or jury) that their version of the facts is more likely true than not.

Allocation of Burden

In most legal systems, the burden of proof is initially placed on the party making the claim or defense. This means that the party with the evidential burden of proof must present evidence to support their position. However, the legal burden of proof may shift during the course of the trial based on the evidence presented. For example, in some cases, the burden may shift to the defendant to prove an affirmative defense once the plaintiff has established their case by a preponderance of the evidence.

Standard of Proof

One of the key differences between evidential burden of proof and legal burden of proof is the standard of proof required. Evidential burden of proof only requires the party to present enough evidence to establish a prima facie case, which is a relatively low standard. Legal burden of proof, on the other hand, requires the party to prove their case by a certain standard, such as beyond a reasonable doubt in criminal cases or by a preponderance of the evidence in civil cases.

Consequences of Failure

If a party fails to meet their evidential burden of proof, the court may dismiss their claim or defense for lack of evidence. This means that the party will not be able to proceed with their case unless they can provide additional evidence to support their position. On the other hand, if a party fails to meet their legal burden of proof, they may lose the case. This could result in a judgment against them or a verdict in favor of the opposing party.

Rebutting the Burden

When faced with a burden of proof, parties may attempt to rebut the evidence presented by the opposing party. In the case of evidential burden of proof, this may involve challenging the credibility or reliability of the evidence presented. In contrast, when dealing with legal burden of proof, parties may present counter-evidence to show that the opposing party has not met the required standard of proof.

Conclusion

In conclusion, evidential burden of proof and legal burden of proof are two important concepts in the legal system that govern the obligation of parties to present evidence and prove their case. While evidential burden of proof focuses on the evidence presented by the party with the burden, legal burden of proof sets a specific standard that must be met. Understanding the differences between these two burdens is crucial for parties involved in legal proceedings to effectively present their case and protect their rights.