Burden of proof

Question 1

burden of proof in tort

Answer 1

the obligation on a party to prove their case.
in criminal cases this obligation is upon the prosecution.
in civil cases this burden is upon the claimant – they must prove that the defendant is liable.

Question 2

standard of proof definition

Answer 2

how much proof is needed or how sure the judge has to be.
in civil cases the standard is lower, the level is ‘on the balance of probabilities’.

Question 3

‘on the balance of probabilities’ meaning

Answer 3

this means it is more likely than not that the defendant caused the loss.