ABSTRACT
This chapter is concerned with two aspects of proof: the burden of proof and the standard of proof. The allocation of the burden of proof determines which party to a proceeding is under an obligation to prove, or to lead evidence of, a particular fact in issue; the standard of proof is concerned with the question of the degree to which the facts in issue must be proved. Different answers must be given to these questions depending on whether the proceedings are civil or criminal in nature. The uniform evidence legislation does not, however, appear to make any changes to the common law rules in relation to these questions.
