Literal Meaning – On the plaintiff rests the proving.
The burden of proof is on the plaintiff.
“Actori incumbit probatio” is a Latin legal maxim that means “the burden of proof lies with the plaintiff.” This principle is an important aspect of the legal system in common law jurisdictions such as the United States and the United Kingdom.
The principle of “Actori incumbit probatio” means that the plaintiff in a legal dispute has the responsibility to provide evidence to support their claims. The defendant is not required to prove their innocence or disprove the plaintiff’s claims unless the plaintiff has met their burden of proof.
In other words, the plaintiff must present evidence to convince the court that their claims are true, and if they fail to meet this burden, their case may be dismissed. This principle helps to ensure that legal decisions are based on evidence and not just on accusations or allegations.
Overall, the principle of “Actori incumbit probatio” emphasizes the importance of evidence in the legal system and helps to ensure that legal disputes are resolved fairly and objectively.
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