Unit 3 Area of Study 2

Question 1

Burden of Proof

Answer 1

The responsibility of proving the facts in a civil case. In a civil case, it lies with the plaintiff (the person who has been wronged, and has initiated the civil proceedings). In some instances, the defendant (person who is responding to the claim raised by the plaintiff) may have a counterclaim, or may need to prove a specific defence (in which case the burden is reversed to prove that claim or defence).

Question 2

Standard of Proof

Answer 2

Strength of evidence required to prove liability in a civil case. In civil case, rests at ‘the balance of probabilities,’ allowing for a verdict of liable when reasonable doubt still exists - plaintiff must prove that their version of events is more likely to be right, then the other party’s version of events. Lower then in criminal cases as there are -

• Less serious consequences then imprisonment/fines/CCO’s
• No need to prove on the presumption of innocence (no guilt or innocence in civil trials)
• Fast tracks civil proceedings so delays for criminal trials can be minimised