Burden of proof is on the ______ to prove by a preponderance of the evidence.

• A. Commonwealth
• B. Defendant
• C. Officer
• D. Court

Answer: (A)

In civil actions, the party bringing the claim bears the burden of proof, and that burden is met by a preponderance of the evidence—meaning it’s more likely true than not. In Virginia, the Commonwealth often acts as the plaintiff in state civil actions, so when the case is brought by the Commonwealth, the burden to prove the claims by a preponderance rests on the Commonwealth. The defense isn’t required to prove the case; they respond to the claims and try to show they’re not true. The officer isn’t the party with the burden, and the court’s role is to apply the law and weigh the evidence presented.