tõendamiskoormise

Tõendamiskoormis, often translated as the burden of proof, is a fundamental concept in law and argumentation. It refers to the obligation of a party in a dispute or legal proceeding to provide sufficient evidence to support their claims. Essentially, it answers the question of who has to prove what. In most legal systems, the burden of proof initially lies with the party making an assertion. For example, in a criminal trial, the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant is presumed innocent until proven guilty.

The burden of proof can shift during a legal case. If the initial party presents a prima facie case, meaning they have established enough evidence to suggest their claim is true, the burden may shift to the opposing party to present evidence to the contrary. For instance, if a plaintiff in a civil case demonstrates that the defendant owed them money, the burden might shift to the defendant to prove they have already paid the debt or that the debt is invalid.

There are different standards of proof, which dictate how convincing the evidence must be. The most common standards are "beyond a reasonable doubt" (used in criminal cases), "preponderance of the evidence" (used in most civil cases, meaning more likely than not), and "clear and convincing evidence" (an intermediate standard used in some specific civil matters). Understanding who holds the tõendamiskoormis and to what standard they must prove their case is crucial for the fair resolution of disputes.