Burden of the Proof and Standards of Proof: Two Rests from the Past

Abstract

The burden of proof and the standards of proof are two institutions that come from the old system of legal proof, in which they made sense. However, if evidence is free evaluated, the burden of proof is no longer useful and the standards of proof become mere imitations of the old categories "probatio plena" and "semiplena probatio" that are impossible to objectify. In this paper these conclusions are duly detailed and extensively justified.