In civil law, what does the term "burden of proof" mean?

The term "burden of proof" in civil law refers to the responsibility placed on a party in a legal dispute to prove their claims or assertions. In civil cases, this burden lies with the plaintiff, who must establish their case on the balance of probabilities. This means that the plaintiff needs to demonstrate that their claims are more likely to be true than not. This standard contrasts with the higher standard used in criminal cases, where the prosecution must prove their case "beyond a reasonable doubt."

In this context, the other options do not accurately reflect the concept of "burden of proof." For instance, the obligation of the defendant to prove innocence does not apply in civil law, as the defendant is not required to prove their innocence but may only need to counter the plaintiff's claims. The duty of the court to ensure fairness pertains more to procedural justice rather than the allocation of proof responsibility. Lastly, the requirement for mediation before a trial relates to alternative dispute resolution processes and does not define the term "burden of proof." Thus, the correct interpretation is that the burden of proof falls on the plaintiff to substantiate their case according to the preponderance of evidence presented.