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Latin. The burden of proof lies with the party affirming. Negatives cannot be proved; they are presumed, and need no probation, but anyone alleging a fact, is bound, when it is disputed, to prove it. The onus probandi in the ordinary case, lies with the pursuer of an action, when the defender denies the obligation on which he is sued; yet, when the defender admits the obligation, but objects to its fulfillment, or alleges facts and circumstances purging the obligation, the burden of proving his defense lies with him. 

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