what is the difernece between onus burden of proof and standard of proof

Answer 1

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.