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The Burden of proof (Latin onus probandi) is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position (this may be either a negative or positive claim). The burden of proof may only be fulfilled by evidence. Under the Latin maxim necessitas probandi incumbit ei qui agit, the general rule is that "the necessity of proof lies with he who complains." The burden of proof, therefore, usually lies with the party making the new claim. The exception to this rule is when a prima facie case has been made. He who does not carry the burden of proof carries the benefit of assumption, meaning he needs no evidence to support his claim. Fulfilling the burden of proof effectively captures the benefit of assumption, passing the burden of proof off to another party. The burden of proof is an especially important issue in law and science.
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