Law of Evidence Burden and standard of proof

Burden of proof It means the obligation to adduce evidence proving fact in Issue. It has two fundamental meanings: Legal burden (i.e. at the beginning, one party) Evidential burden (i.e. in the course of trial and shifts between parties/ mixed law)

1) Legal burden of proof Legal burden or persuasive burden of proof is the obligation on a party to prove to a court of law, the truth of proposition of a fact in Issue, whether by preponderance of evidence or beyond reasonable doubt.

Legal burden in criminal cases In criminal proceedings, the prosecution shall prove beyond reasonable doubt: a) that the alleged offence was in fact committed; and, b) that the accused committed it,

Legal burden in criminal cases When a person is accused of any offence. the burden of proving the existence of extenuating (mitigating) circumstances or of circumstances excluding punishment is upon the accused. i.e., malicious intent (he who shot his wife)

Legal burden in civil cases The general rule on the legal burden in civil cases lies on the party who asserts the affirmative (positive) of an Issue by preponderance evidence. i.e., action for negligence i.e., breach of contract

2) The evidential burden It is the obligation of a party to adduce sufficient evidence of a particular facts in order to justify a finding on that fact. The legal burden of proof is a question of law and it is static, since it rests on one party. But the burden of adducing evidence shifts in the entire course proceedings.

Evidential burden in criminal case The evidential burden may shift constantly as evidence is adduced by either side. the prosecution is required by law, to establish sufficient case to require to enter a defense. The judgment will be against the party who fails to adduce reasonable evidence.

Evidential burden in civil case The legal and the evidential burden in civil cases are closely tied together. Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.

The general rule on the burden of proof “He who invokes the aid of the law must first prove his case” As we have seen the general rule is that the burden of proof lies on the party who alleges the facts in Issue. But there are exception to the general rule: Defense of intoxication or insanity (proof lies upon the accused)

Shifting the burden of proof The burden of proof shifts only in the evidential burden. It means that burden of establishing a case remains (does not shift) as originally put by positive side. However, the burden of adducing evidence is the obligation to prove a particular set of facts and it shifts between the prosecution/plaintiff and the accused/defendant depending on how each side introduces its evidence as against the other side.

Standard of proof It is the degree to which the proof must be to sustain a certain action. In criminal cases: The prosecution must prove the defendant’s guilt beyond reasonable doubt. Reasonable doubt is the kind of doubt which men of good sense may reasonably think about it.

Standard of proof It is the degree to which the proof must be to sustain a certain action. In civil cases: - In the civil cases the standard of proof is “proof on a preponderance or balance of probability”, the plaintiff must prove that what he/she alleges is more likely than not. The truth in the circumstance in the case.

The end Any question so far?