Obligation to furnish evidence to prove a thing; the burden of proof

The burden of proof is on the plaintiff to show by a "preponderance of evidence" that all the facts necessary to win a judgment are probably true. In a criminal trial the burden of proof is on the prosecution to prove the guilt of the accused is "beyond a reasonable doubt,". However, the burden of proof is not always on the plaintiff. In some issues it may shift to the defendant if he/she raises a factual issue in defense, such as a claim that he/she was not the registered owner of the car that hit the plaintiff, so the defendant must prove his/her claim. If at the close of the plaintiff's presentation he/she has not presented any evidence on a necessary fact (e.g. any evidence of damage) then the case may be dismissed.