(2) When a person is bound to prove the existence of any fact, it is said that the burden of
proof lies on that person.
Illustrations
(a) A desired a Court to give judgment that B shall be punished for a crime which A
says B has committed.
A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the
possession of B by reason of facts which he asserts, and which B denies to be
true.
A must prove the existence of those facts.
118. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on
that person who would fail if no evidence at all were given on either side.
Illustrations
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to
A by the will of C, B's father.
If no evidence were given on either side, B would be entitled to retain his
possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud,
which A denies.
lf no evidence were given on either side, A would succeed as the bond is not
disputed and the fraud is not proved.
Therefore the burden of proof is on B.
119. Burden of proof as to particular fact. The burden of proof as to any particular fact
lies on that person who wishes the Court to believe in its existence, unless it is provided by
any law that the proof of that fact shall lie on any particular person.
Illustrations
(a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft,
to C. A must prove the admission.
Page 54 of 68