Good grief. Are you even remotely familiar with the protocols of a debate? How does the onus fall upon me to disprove your assertion?
If I assert that you're a rank simpleton, does the onus fall upon you to disprove my assertion?
My! What a wonderful debate tactic! Let me try!!!
Hey everyone! I'm right about everything. Every opinion I've every espoused is absolutely 100% correct, and if you disagree with me even in the slightest, the onus falls upon you to disprove my assertions.
Haha!!! I'm God now! You hear!? Disprove me! I dare you!
Burden of proof
From Wikipedia, the free encyclopedia
This article is about the evidentiary concept in common law jurisprudence. For other uses, see Burden of proof (disambiguation).
Evidence
Part of the common law series
Types of evidence
Testimony · Documentary
Physical / Real · Digital
Exculpatory · Scientific
Demonstrative
Eyewitness identification
Genetic (DNA) · Lies
Relevance
Burden of proof · Laying a foundation
Public policy exclusions
Character · Habit · Similar fact
Authentication
Chain of custody
Judicial notice · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence · Privilege
Direct examination · Cross-examination · Redirect
Impeachment · Recorded recollection
Expert witness · Dead Man's Statute
Hearsay and exceptions
in English law · in United States law
Confessions · Business records
Excited utterance · Dying declaration
Party admission · Ancient document
Declaration against interest
Present sense impression · Res gestae
Learned treatise · Implied assertion
Other common law areas
Contract · Tort · Property
Wills, trusts and estates
Criminal law
v • d • e
The burden of proof (Latin: onus probandi) is the obligation to shift the accepted conclusion away from an oppositional opinion to one's own position. The burden of proof may only be fulfilled by evidence.
The burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, the best translation of which seems to be: "the necessity of proof always lies with the person who lays charges." This is a statement of a version of the presumption of innocence that underpins the assessment of evidence in some legal systems, and is not a general statement of when one takes on the burden of proof. The burden of proof tends to lie with anyone who is arguing against received wisdom, but does not always, as sometimes the consequences of accepting a statement or the ease of gathering evidence in its defense might alter the burden of proof its proponents shoulder. The burden may also be assigned institutionally.
He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party.
The burden of proof is an especially important issue in law and science.
Talk to ya later:2wave: