Criminal and civil law criminal law civil law the case is filed by the government. the case is filed by an individual. the burden of proof always lies with the state. ? the guilty party is subject to a variety of punishments including incarceration. the guilty party must usually reimburse the plaintiff. which of these best completes the chart? a) the burden of proof always lies with the defendant. b) the burden of proof always lies with the government. c) the burden of proof is initially with the state and can switch to the plaintiff. d) the burden of proof is initially with the plaintiff and can switch to the defendant.