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Murphy on Evidence

Murphy on Evidence (15th edn)

Richard Glover
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date: 02 October 2022

p. 884. The burden and standard of prooflocked

p. 884. The burden and standard of prooflocked

  • Richard GloverRichard GloverSenior Lecturer, School of Law, University of Wolverhampton

Abstract

This first part of the chapter discusses the concept of burden of proof, covering the legal or persuasive burden of proof; the evidential burden; the effect of presumptions on the burden of proof; the legal burden of proof in civil cases; the evidential burden in civil cases; the burden of proof in criminal cases; defence burdens of proof before Lambert; defence burdens of proof after Lambert; and the burden of proof of secondary facts. The second part of the chapter discusses the standard of proof, covering standard of proof required of prosecution in criminal cases; standard of proof required of defence; standard of proof of secondary facts; the standard of proof in civil cases; and the standard of proof in matrimonial and family cases.

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