Chapter 6.2

Question 1

Two key principles in civil case

Answer 1

the burden of proof – which side must prove the case
* the standard of proof – the level of certainty the person who is deciding the case (e.g. the judge)
must have in deciding the dispute.

Question 2

The burden of proof in a civil case

Answer 2

The burden of proof refers to the responsibility of a party to prove their case. In most cases, this responsibility lies with the party initiating the action, such as the plaintiff in civil cases or the prosecution in criminal cases. However, the defendant may bear the burden of proof in certain civil disputes, such as when filing a counterclaim or raising a defence (e.g., contributory negligence), in which the defendant must prove their claim or defence.

Question 3

The standard of proof in a civil case

Answer 3

The standard of proof refers to the level of evidence required to prove a case. In civil disputes, the plaintiff (or defendant in a counterclaim or defense) must prove their case on the balance of probabilities, meaning their version of events is more likely to have occurred than not. This standard is less strict than the “beyond reasonable doubt” standard used in criminal cases, allowing for some reasonable doubt.

Question 4

balance of probabilities

Answer 4

the standard of proof
in civil disputes. This
requires the plaintiff to
establish that it is more
probable (i.e. likely)
than not that their claim
is true