Distinguish the legal burden from the evidentiary burden, and explain the shifting of the burden.

The burden of proof = the obligation to prove. The two burdens' distinction (the exam's core discriminator): The legal burden (the burden of proof proper) — the party who loses if the fact is left unproven: the case's outcome-risk; fixed by law and the pleadings; it does not move; The evidentiary burden (the burden of adducing evidence) — the party who must go forward at each stage: the tactical to-and-fro of the trial; it shifts as evidence is adduced. The standards: the civil — the balance of probabilities (the preponderance, 6.3); the criminal — the beyond-reasonable-doubt (the near-certainty); the intermediate standards' faces (the clear-and-convincing of the serious-civil cases). The first principle's anchor (Unit 3.4): one who asserts must prove — the maxim that allocates the legal burden.