clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases. probable cause in the acquisition of a warrant or arrest proceeding. reasonable belief as part of establishing probable cause.

Inevitably, while the burden of proof always lies with the prosecution in criminal proceedings, the burden of evidence shifts when an affirmative defense is raised by the accused, ie., self-defense in a homicide or murder case, or consensual sex in a rape charge.