Legal Definitions - degree of proof

Definition: Degree of proof refers to the level of evidence required to prove a claim or assertion in a legal case. It can be broken down into two parts:

1. Burden of Proof: The responsibility of the party making a claim to provide enough evidence to convince the court or jury that their claim is true.
2. Burden of Production: The responsibility of the party making a claim to provide enough evidence to allow the case to proceed to trial.

Example: In a criminal trial, the prosecution has the burden of proof to show that the defendant is guilty beyond a reasonable doubt. This means that they must present enough evidence to convince the jury that there is no other logical explanation for the crime other than the defendant's guilt. The defense, on the other hand, has the burden of production to provide enough evidence to show that there is a reasonable doubt about the defendant's guilt.

Another example could be in a civil case where the plaintiff has the burden of proof to show that the defendant is liable for damages. They must provide enough evidence to convince the court that it is more likely than not that the defendant caused the harm.

These examples illustrate how the degree of proof can vary depending on the type of case and the burden of proof or production that is required. It is important to understand the degree of proof in a legal case to know what evidence is needed to prove or defend a claim.