the burden of proof

Question 1

what is the burden of proof?

Answer 1

this refers to the responsibility/onus of a party to prove the facts of the case.

Question 2

who does the burden of proof rest with in civil law?

Answer 2

with the plaintiff because they are the party bringing the case to court and claiming the defendant is in the wrong.

Question 3

how could the burden of proof be on the defendant?

Answer 3

it will be on the defendant if they make a counterclaim or raise a defence in the case.

Question 4

what is a counterclaim?

Answer 4

a seperate claim made by the defendant in response to the plaintiff’s claim (heard at the same time by court).

Question 5

what is an example of a counterclaim?

Answer 5

if a person sues a builder for incomplete work, the builder may make a counterclaim for overdue payment.

Question 6

what is the standard of proof?

Answer 6

this refers to the strength of evidence needed to prove the case.

Question 7

what is the standard of proof on in civil law?

Answer 7

it is ‘on the balance of probabilities’.

Question 8

what is ‘on the balance of probabilities’?

Answer 8

this requires the plaintiff to prove that it is more likely than not that their version of the facts is correct.