NCTJ Court Reporting Practice Exam

The term "burden of proof" specifically refers to the responsibility of a party in a legal proceeding to prove their claims or allegations. This concept is central to both criminal and civil law, as it determines which party must provide evidence to support their arguments.

In a criminal trial, the prosecution typically bears the burden of proof and must establish the defendant's guilt "beyond a reasonable doubt." In civil cases, the burden usually falls on the plaintiff, who must demonstrate their case "on the preponderance of the evidence." This means that the party with the burden must present sufficient evidence to persuade the judge or jury that their version of events is more likely to be true than not.

This definition distinguishes the burden of proof from other legal concepts. The requirement for a judge to decide a case focuses on the role of the judiciary rather than the responsibilities of the parties involved. The obligation of witnesses to testify truthfully pertains to the integrity of testimony and does not address who has the responsibility to prove a case. Similarly, the process of jury selection involves choosing jurors and does not relate to the burden of proof itself.