what is the difernece between onus burden of proof and standard of proof
Onus burden of proof and standard of proof are both terms used in legal proceedings, but they refer to different concepts.
1. Onus Burden of Proof: This refers to the responsibility or obligation that a party has to prove their case or a specific element of their case. In a criminal trial, the burden of proof is on the prosecution to prove the guilt of the defendant beyond a reasonable doubt. In a civil trial, the burden of proof is usually on the plaintiff to prove their case on a balance of probabilities.
2. Standard of Proof: This refers to the level or degree of certainty with which the party with the burden of proof must establish their case. It sets the threshold that the evidence must meet in order for the party to succeed. In a criminal trial, the standard of proof is "beyond a reasonable doubt," which means that the evidence must be so strong that there is no reasonable doubt in the mind of a reasonable person that the defendant is guilty. In a civil trial, the standard of proof is usually "on a balance of probabilities," which means that the evidence must establish that it is more likely than not that the party's version of events is true.
In summary, the onus burden of proof determines which party has the responsibility to prove their case, while the standard of proof sets the level of certainty that the evidence must meet for that party to succeed.
The terms "onus of proof" and "standard of proof" are both legal concepts used in determining the level of evidence required to prove a claim in a legal proceeding. Here is the difference between the two:
1. Onus of Proof: The onus of proof refers to the responsibility or burden placed on a party to establish or prove a specific fact or claim in a legal case. The party bearing the onus of proof is required to present evidence and convince the court or tribunal that their version of events is more probable than not. In other words, they must provide enough evidence to satisfy the judge or jury that their claim is more likely true than not true. The onus can shift between parties depending on the issue being disputed or the stage of the legal proceeding.
2. Standard of Proof: The standard of proof refers to the degree or level of certainty that the party with the onus of proof must reach in order to succeed on their claim. It sets the threshold of evidence required to establish the truth or falsity of a particular fact or claim. The standard of proof varies depending on the type of case and the seriousness of the allegations involved. In criminal cases, the standard of proof is typically "beyond a reasonable doubt," which means the evidence must leave no reasonable doubt in the minds of the jurors. In civil cases, the standard of proof is usually a lower threshold, such as "on a balance of probabilities," which requires the evidence to establish that it is more likely than not true.
In summary, the onus of proof refers to the responsibility of a party to prove a claim, while the standard of proof refers to the level of certainty or degree of evidence required to establish that claim.