In civil disputes, which party bears the burden to prove the facts on the balance of probabilities?

• A. The plaintiff bears the burden in civil disputes; the defendant bears none.
• B. The defendant bears the burden in civil disputes.
• C. The court bears the burden in civil disputes.
• D. The plaintiff bears the burden to prove the facts on the balance of probabilities.

Answer: (D)

In civil disputes, the standard of proof is the balance of probabilities, meaning it must be more likely than not that the facts are true. The party who must meet this standard is the plaintiff—the one who brings the claim. They need to prove the facts that support their case to at least that level of likelihood. If they fail to do so, the claim fails even if the defendant hasn’t proven anything in response. The defendant’s job is to challenge the plaintiff’s evidence and, if they raise defenses, to prove those defenses on any facts required, but the primary burden to establish the claim lies with the plaintiff.