proof (1) A fact is said to be proved when the court is satisfied as to its truth, and the evidence by which that result it produced is called the proof. The general rule is that the burden of proof lies on the party who asserts the affirmative of the issue or question in dispute. When that party adduces evidence sufficient to raise a presumption that what he asserts is true, he is said to shift the burden of proof: that is, his allegation is presumed to be true, unless his opponent adduces evidence to rebut the presumption. In criminal cases the standard of proof was formerly that the Jury must find the case proved beyond reasonable doubt. It is now more usually the case that the jury is told that it must be sure of the defendants guilt. In civil cases, while the burden of proof of a fact generally remains on the person asserting that fact, the court makes its decision on the balance of probabilities. (2) To prove a debt is to establish the existence of a debt due from a bankrupts estate. To prove a will is to obtain probate of it.
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