What does "burden of proof" signify in Georgia law?

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In Georgia law, the "burden of proof" signifies the obligation a party has to prove their claims or defenses during a legal proceeding. This concept is foundational in both criminal and civil cases, as it determines who is responsible for providing evidence to support their position in court.

In criminal cases, the burden of proof typically lies with the prosecution, which must establish the defendant's guilt beyond a reasonable doubt. In civil cases, the party bringing the lawsuit, known as the plaintiff, usually bears the burden of proof, which is often based on a preponderance of the evidence or clear and convincing evidence, depending on the case type.

This obligation goes hand-in-hand with the principle that a defendant is presumed innocent until proven guilty and that the party making a claim must substantiate it with sufficient evidence. Understanding this concept is crucial for navigating the legal system and effectively advocating for one’s interests in court.

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