Evidential Burden vs. Legal Burden

Attribute	Evidential Burden	Legal Burden
Definition	The obligation to provide sufficient evidence to support a claim or assertion.	The obligation to prove a fact or issue in a legal proceeding.
Standard of Proof	Usually lower than the standard of proof required for legal burden.	Requires a higher standard of proof, such as beyond a reasonable doubt in criminal cases.
Placement	Initial burden of proof typically falls on the party making the claim.	Shifts to the opposing party once the evidential burden has been met.
Consequences	Failure to meet the evidential burden may result in the claim being dismissed.	Failure to meet the legal burden may result in a judgment against the party with the burden.

Definition

Evidential burden and legal burden are two important concepts in the legal field, particularly in the context of criminal law. Evidential burden refers to the obligation of a party to provide sufficient evidence to support their claim or defense. This burden typically falls on the party making the assertion. On the other hand, legal burden refers to the obligation of a party to prove a particular fact or issue in order to succeed in their case. This burden is typically imposed by law and may shift depending on the circumstances of the case.

Nature of Burden

One key difference between evidential burden and legal burden is the nature of the burden itself. Evidential burden is often seen as a lower threshold that requires a party to simply provide some evidence in support of their claim. This evidence does not need to be conclusive or overwhelming, but merely needs to create a reasonable inference in favor of the party bearing the burden. Legal burden, on the other hand, is a higher threshold that requires a party to prove a particular fact or issue to a certain standard of proof, such as beyond a reasonable doubt in criminal cases.

Allocation of Burden

Another important distinction between evidential burden and legal burden is the allocation of the burden between the parties. Evidential burden typically falls on the party making the assertion or claim. This means that if a party is asserting a particular fact or defense, they have the burden of providing evidence to support that assertion. Legal burden, on the other hand, may shift depending on the circumstances of the case. In criminal cases, for example, the legal burden of proving guilt beyond a reasonable doubt falls on the prosecution, while the defendant is presumed innocent until proven guilty.

Standard of Proof

The standard of proof required to meet evidential burden is generally lower than that required to meet legal burden. Evidential burden typically requires a party to show that their claim is more likely true than not true, often referred to as the preponderance of the evidence standard. This standard is lower than the beyond a reasonable doubt standard required to meet legal burden in criminal cases. Legal burden requires a party to prove their case to a higher degree of certainty, making it more difficult to meet than evidential burden.

Consequences of Failing to Meet Burden

Failing to meet evidential burden may result in the party's claim or defense being rejected or not given weight by the court. In civil cases, for example, if a plaintiff fails to meet their evidential burden, their claim may be dismissed for lack of evidence. Legal burden, on the other hand, carries more serious consequences for failing to meet the burden. In criminal cases, if the prosecution fails to meet the legal burden of proving guilt beyond a reasonable doubt, the defendant must be acquitted.

Conclusion

In conclusion, evidential burden and legal burden are two distinct concepts in the legal field that play a crucial role in determining the outcome of a case. While evidential burden requires a party to provide some evidence in support of their claim, legal burden imposes a higher threshold of proof that must be met to succeed in a case. Understanding the differences between these two burdens is essential for navigating the legal system and ensuring that justice is served.