In civil practice, which party bears the burden of proving elements of a claim?

• A. The defendant.
• B. The court.
• C. The jury.
• D. The plaintiff.

Answer: (D)

In civil practice, the party who must prove each element of the claim is the plaintiff. The plaintiff bears the burden of presenting evidence to show, by a preponderance of the evidence, that all essential elements of their claim are satisfied. The defendant does not have to prove the claim themselves; they respond to the plaintiff’s case and may raise defenses or counterclaims, but the initial obligation to prove the claim lies with the plaintiff. The court or jury acts as the trier of fact, evaluating the evidence and applying the law, but they do not carry the burden of proving the claim. This is why the plaintiff is the party responsible for proving the elements.