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Evidence

Evidence (5th edn)

Andrew L-T Choo
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date: 02 October 2022

p. 272. Burden and Standard of Prooflocked

p. 272. Burden and Standard of Prooflocked

  • Andrew L-T ChooAndrew L-T ChooProfessor of Law, City, University of London, Barrister, Matrix Chambers, London

Abstract

Chapter 2 is divided into two parts. The first part is concerned with the manner in which a dispute as to which party bears the burden of proving a particular issue in a trial should be resolved. The question may arise in a criminal trial as to whether it is the prosecution or defence which bears the burden of proving a certain issue, and in a civil trial as to whether it is the claimant or defendant who bears the burden of proving a certain issue. The second part focuses on the standard to which the burden of proving a particular issue requires to be discharged.

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