In the civil law system, which covers disputes between private parties (such as contract or personal injury cases), the burden of proof is much lower. Typically, the burden initially rests on the plaintiff—the party bringing the lawsuit. The plaintiff must present evidence to support their claim. The standard of proof in most civil cases is a “preponderance of the evidence.” This standard is often described as “more likely than not.” It means the plaintiff must convince the judge or jury that there is a greater than 50% probability that their claim is true.

Sometimes, the burden can shift. Once the plaintiff has presented a basic case, the burden may shift to the defendant to present evidence that refutes the plaintiff’s claim or establishes a valid defense. For example, in a negligence case, after the plaintiff shows evidence of an injury, the defendant might have the burden of proving that the plaintiff’s own carelessness contributed to the accident.

Understanding the burden of proof is essential to understanding the dynamics of a trial. It determines the strategy of each side and ensures that legal outcomes are based on a structured and fair evaluation of the evidence presented.

These principles of procedural justice are a cornerstone of legal systems around the world, though the specific standards may be articulated differently in various civil and common law codes.