chapter  2
40 Pages

The Law of Evidence: The Burdens and Standards of Proof

The legal burden of proof is the obligation to prove a point in contention, or fact in issue, in order to convince the tribunal of fact of the truth of the assertion. If a party fails to discharge a legal burden of proof to the satisfaction of the tribunal of fact he will, as a matter of course, lose the case. Thus, if the prosecution fails to prove the guilt of the accused beyond a reasonable doubt the accused is entitled to an acquittal. Equally, in a negligence action if the claimant fails to prove the elements of negligence, judgment will be given for the defendant.