Glossary beginning with B

The Glossary provides basic legal and technical definitions for the most common terms related to the fight against illicit traffic in cultural goods.


Burden of proof

(Lat. Onus probandiIn the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between  the parties in a cause. The obligation of a party to establish by evidence a requisite degree of belief in the mind of the trier of fact or the court that all the facts necessary to win a judgment are presented and are probably true.

The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact by a preponderance of the evidence, by clear and and convincing proof (civil cases), or by proof beyond a reasonable doubt (criminal cases).

Depending on the national or international legal system, the burden of proof (or "burden of persuasion") can lay with the plaintiff or the defendant. 

Source: International Criminal Police Organization / International Foundation for Art Research / West's Law & Commercial Dictionary

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