Burden Of Proof Essay

4597 words - 18 pages

INTRODUCTIONEvery story has its own contents, which is the combination of various facts. Every person has to establish facts that go in his favor or against his opponent. The burden of proof (onus) means the obligation to prove a fact. As per onus probandi, the burden of proof lies upon the party who would fail upon the party who would fail if no evidence were given at all. The general principle is that the party who wish to establish the truth of certain facts must also prove them. In other words the party, who moved to the court, must prove all facts necessary for the purpose.The burden of proof is the obligation on a party to establish the facts in issue in a case to the required degree of certainty (the standard of proof) in order to prove their case.Nature of the burden of proof (onus)Once the burden of introducing is discharged to the satisfaction of the court, then the burden is shifted to the opposite party to show as to why legal action should not be taken against him. Thus, the burden of proof in the first instance, which lies on the first party, may be shifted to the other side, by proving contradiction, or facts in his favor. To conclude, it may be said that the burden of proof is an obligation of shifting nature and during trial of the case it shifts frequently. The amount of evidence required to shift upon a party, the burden displacing a party, may depend on the circumstances of each case. A presumption is not in itself evidence but only makes a prima facie case for party whose favour it exits.Burden of proof- burden of proof is the obligation to prove a fact.It is party's duty to prove a disputed assertion or charge. The burden of proof includes both burden persuasion and production termed as onus probandi. Burden of proof denotes the duty of establishing by a fair preponderance of the evidence, the truth of the operative facts upon which the issue at hand is made to turn to a substantive law.BURDEN OF PROOF- ONUS PROBANDI-Burden of Proof lies on the party who would fail if no evidence is given at all.The general principle is that the party who moved the court must prove all the facts necessary for the purpose.The burden of proof lies on the plaintiff to establish the Prima- Facie case. Once the burden of introducing is discharged to the satisfaction of the court, then the burden is shifted to the opposite party to show as to why legal action should not be taken against him.Burden of proof is an obligation of shifting nature and during the trial of the case it shifts frequently. The amount of evidence that is required to shift upon a person the burden of displaying a fact may depend on the circumstances of the case.Standard of proofThe degree or level of proof demanded in a specific case, such as "beyond a reasonable doubt" or "by a preponderance of evidence".LEGAL BURDEN OF PROOF - CIVIL CASESThe general rule is that "he who asserts must prove", i.e., the burden rests with the plaintiff (the party bringing the action).The...

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