What do you know about burden and standard of proof?

24 March 2022

The study of evidence law entails a comprehensive investigation of the language of rules and exceptions, both in civil and criminal evidence law, juxtaposed against the judicial discretion to exclude. Evidence is the information used to prove the issues in a trial that require evidence, hence, it is the study of how such facts are proven in court. Best Law tutors in London.

The first important topic of the law of evidence is burden and standard of proof, which are illustrated by our law tutor in London.

Burden and standard of proof

There are two fundamental burdens in legal proceedings: legal burden and evidential burden:

As explained by our law tutors in London, legal burden is the obligation on a party to prove a point in contention. In criminal proceedings. Normally, the prosecution bears the legal burden of proving all components of the offence beyond a reasonable doubt. If the prosecution fails to meet this burden, the case will be dismissed.

Evidential burden is the requirement to present adequate evidence on a fact in dispute to warrant, as a possibility, a favourable finding by the magistrates or jury on that fact. The prosecution must present sufficient evidence to preclude the judge from recusing the jury from that question. Even if the evidential burden on a particular question is satisfied, the evidence may not be sufficient to satisfy the legal burden on that issue.

A party with the legal burden of proving an issue has the evidential burden as well, but presumptions and ‘certain criminal defences are two exclusions. Our law tutor in London further explains that the burden of proof is on the defendant to establish a specific issue, which is known as a’ reverse burden,’ because it flips the regular position in which the prosecution must show the facts beyond a reasonable doubt.

Want to discover more regarding burden and standard of proof or any other area of law of evidence? Call today our highly experienced team of law tutors in London to boost your knowledge.