Who has the burden of proof in civil law?

In civil law, the burden of proof rests on the claimant, also known as the plaintiff. This means that it is the responsibility of the claimant to provide sufficient evidence to support their claims in a lawsuit. The standard of proof in civil cases is typically "preponderance of the evidence," which means that the claimant must demonstrate that their argument is more likely true than not.

This burden is significant because it influences the direction of the trial, compelling the claimant to present their case first and to substantiate their allegations. If the claimant fails to meet this burden, the court may rule in favor of the defendant without the need for the defendant to present any counter-evidence.

The role of the defendant, although critical in defenses and presenting evidence, is secondary when it comes to proving the case as they need only to contest the arguments presented by the claimant. While the judge and jury play crucial roles in evaluating the evidence and determining the outcome of the case, they do not carry the burden of proof; instead, they assess whether the claimant has fulfilled their obligation.