Burden Of Proof

Essay by jrsappireUniversity, Bachelor'sA-, July 2005

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Every story has its own contents, which is the combination of various facts. Every person has to establish facts that go in his favor or against his opponent. The burden of proof (onus) means the obligation to prove a fact. As per onus probandi, the burden of proof lies upon the party who would fail upon the party who would fail if no evidence were given at all. The general principle is that the party who wish to establish the truth of certain facts must also prove them. In other words the party, who moved to the court, must prove all facts necessary for the purpose.

The burden of proof is the obligation on a party to establish the facts in issue in a case to the required degree of certainty (the standard of proof) in order to prove their case.

Nature of the burden of proof (onus)

Once the burden of introducing is discharged to the satisfaction of the court, then the burden is shifted to the opposite party to show as to why legal action should not be taken against him.

Thus, the burden of proof in the first instance, which lies on the first party, may be shifted to the other side, by proving contradiction, or facts in his favor. To conclude, it may be said that the burden of proof is an obligation of shifting nature and during trial of the case it shifts frequently. The amount of evidence required to shift upon a party, the burden displacing a party, may depend on the circumstances of each case. A presumption is not in itself evidence but only makes a prima facie case for party whose favour it exits.

Burden of proof- burden of proof is the obligation to prove a fact.

It is party's duty...