key concepts of civil law - 3.2.1

Question 1

what are the key concepts in the civil justice system?

Answer 1

1. the burden of proof
2. the standard of proof

Question 2

what is the burden of proof?

Answer 2

it refers to the onus (responsibility) that one party has to prove the facts of the case. the burden of proof lies with the party who brings the case to court, onus can be on plaintiff when making a counter claim or when the defendant raises a defence to the claim, so they provide evidence.

Question 3

what is the standard of proof?

Answer 3

it refers to the strength of the evidence needed. the plaintiff must prove the case on the balance of probabilities