Who typically bears the legal burden of proof?

In legal proceedings, the moving party is generally the one who bears the legal burden of proof. This party is responsible for presenting sufficient evidence to establish their case or claims convincingly. The concept of the burden of proof is foundational in both civil and criminal law; it typically falls on the party that initiates the legal action or makes assertions requiring proof.

In criminal cases, the prosecution carries the burden to prove the defendant's guilt beyond a reasonable doubt. In civil cases, the plaintiff usually must prove their claims by a preponderance of the evidence. This ensures that the party making an assertion does the requisite work to substantiate it, keeping the integrity of the legal process intact.

Other roles in the legal process, such as the defense lawyer, judge, and jury, have different functions. The defense lawyer does not carry the burden to prove the defendant's innocence but rather to challenge the prosecution's evidence. The judge oversees the proceedings and ensures the law is followed but does not bear the burden of proof. Meanwhile, the jury is responsible for evaluating the evidence and making a determination based on the presented arguments rather than proving anything themselves.