Principle

EVIDENCE LAW – Burden of Proof – Distinction Between Legal Burden and Evidential Burden

Area of law
EVIDENCE LAW
Court
Supreme Court

The legal burden rests on the party asserting the claim. It never shifts. The evidential burden shifts as evidence is adduced. The principle applies to all civil cases. The court must distinguish between the two. The legal burden is determined by pleadings. The evidential burden…

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