Burden of proof:

The legal term “Burden of proof” can define the duty placed upon a party in a trial to prove or disprove a disputed fact. If the party who needs to prove that the other party is guilty of a crime or did not comply a contract between the two parts, cannot accomplish this, the defendant may not be convicted.

It is not always the same party which bears this burden because it can change depending on the specific case. In criminal cases for an example, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her. But in some jurisdiction, the defendant has the burden of establishing the existence of certain facts that give rise to a defense. An example on such is an insanity plea. In civil cases, the plaintiff is normally charged with the burden of proof.