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The burden of proof ((ラテン語:onus probandi)) in the United States is the imperative on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one's own position. The burden of proof is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', the best translation of which in this context is: "the necessity of proof always lies with the person who lays charges."〔Transnational principle of law: (Trans-Lex.org )〕 She or he who does not carry the burden of proof carries the benefit of assumption, meaning (s)he needs no evidence to support her or his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. ==Definition== The term "burden of proof" is used to mean two kinds of burdens: The burden of production (or the burden of "going forward with the evidence") and the burden of persuasion.〔Barron's Law Dictionary, pp. 55-56 (2nd ed. 1984); Black's Law Dictionary, p. 178 (5th ed. 1979).〕 A "burden of persuasion" or "risk of nonpersuasion"〔Barron's Law Dictionary, p. 55 (2nd ed. 1984).〕 is an obligation that remains on a single party for the duration of the court proceeding.〔Black's Law Dictionary, p. 178 (5th ed. 1979).〕 Once the burden has been entirely discharged to the satisfaction of the trier of fact, the party carrying the burden will succeed in its claim. For example, the presumption of innocence in a criminal case places a legal burden upon the prosecution to prove all elements of the offense (generally beyond a reasonable doubt), and to disprove all the defenses except for affirmative defenses in which the proof of non-existence of all affirmative defense(s) is not constitutionally required of the prosecution.〔''Patterson v. New York'', 〕 The burden of persuasion should not be confused with the evidential burden, or burden of production, or duty of producing (or going forward with) evidence〔Barron's Law Dictionary, p. 56 (2nd ed. 1984).〕 which is an obligation that may shift between parties over the course of the hearing or trial. The evidential burden is the burden to adduce sufficient evidence to properly raise an issue at court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「legal burden of proof」の詳細全文を読む スポンサード リンク
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