Burden of Proof

When the plaintiff does not prove his case, the defendant is acquitted.

Actore non probante, reus absolvitur.

Source: Hob. 103; Weisman, 99cc

The burden of proof rests on the party who asserts — if the plaintiff fails to establish his claim, judgment goes for the defendant as a matter of course.

The burden of proof lies on the plaintiff.

Actori incumbit onus probandi.

Source: Hob. 103; Jackson; Weisman, 39n; Weisman, 39dd; Weisman, 99j

The party who asserts a claim bears the obligation of proving it — the defendant need prove nothing until the plaintiff has established a prima facie case.

The power of adducing proof is not to be narrowed.

Facultas probationum non est angustanda.

Source: 4 Inst. 279; Jackson, No. 262

Courts must not restrict a party's opportunity to present evidence; the right to prove one's case is fundamental to due process of law.

The burden of proof falls upon the one who asserts, not the one who denies.

Ei incumbit probatio qui dicit, non qui negat.

Source: Dig. 22, 3, 2; Halk. Max. 9; Steph. Pl. 84

He who brings a claim must prove it; a party denying an allegation is not required to produce evidence of the negative.

No one ought to be a witness in his own cause.

Testis nemo in sua causa esse debet.

Source: 3 Bl. Comm. 371; Dig. 22, 5, 10

A man's testimony in his own cause is inherently suspect because self-interest taints credibility — cite this to challenge the weight given to interested-party testimony, or to argue that a party's uncorroborated self-serving declarations should not carry the day.

False in one thing, false in all things.

Falsus in uno, falsus in omnibus.

Source: 4 Inst. 279; Broom, Max.; Jackson, Lat. for Lawyers, No. 266; Weisman, 26bb; Weisman, 37f

Where a witness is shown to have testified falsely on a material point — one on which he could not be presumed to be mistaken — the tribunal may reject the whole of his testimony.