tõendamiskoormis

Tõendamiskoormis, a legal term in Estonian, translates to "burden of proof." It refers to the obligation of a party in a legal proceeding to prove a disputed fact. This principle is fundamental to ensuring fairness and due process in the legal system. Generally, the party making an assertion or claim bears the responsibility of providing sufficient evidence to support it.

In civil law, the burden of proof typically rests on the plaintiff, who must establish their case by a preponderance of the evidence. This means they must show that their claim is more likely true than not. In criminal law, the burden of proof is placed squarely on the prosecution. The prosecution must prove the defendant's guilt beyond a reasonable doubt, a much higher standard than in civil cases.

There are instances where the burden of proof can shift. For example, in certain types of cases, once the initial burden is met, the opposing party may have to present evidence to rebut the presumption or claim. Understanding who holds the tõendamiskoormis is crucial for navigating legal disputes and determining the strength of a case. It dictates the necessary evidence and argumentation strategy for each party involved.