PART I
BURDEN OF PROOF
(1) What is meant by Burden of Proof.
Description, letter, then definition :
The judge or jury can decide a case only by considering the truth and value of the several facts alleged and proved by the parties and as the facts are unknown to both judge and jury. They must be established by evidence. The question at once arises, which party must adduce evidence ? The responsibility for adducing such evidence as will establish any allegation is called the “Burden of Proof”.
The subject-matter of the Burden of Proof as applied to judicial proceedings falls into two parts :
Burden of Proving an issue.
Burden of Proving a particular fact.
THE NECESSITY FOR MAKING THIS DIVISION .
- The Proof of an issue may involve the proof of many facts as they may involve the proof of only one fact.
Illustration :
Issue is, Did A commit murder of B ?
Issue is, Is the signature on the document that of A ?
Issue No. 2 involves the proof of one fact only.
Issue No. 1 may involve the proof of many facts.
e, g. Was A present ?
Could C see him ?
Is the bloodstained shirt his ? and so on.
§ Burden of Proving an issue.
3. The framing of an issue presupposes an assertion of the existence of a certain set of facts and circumstances by one party and the denial of them by the opposite party. There are