PrincipleEVIDENCE LAW — Burden of Proof — Distinction Between Legal Burden and Evidential Burden
- Area of law
- EVIDENCE LAW
- Court
- Supreme Court
Legal burden (establishing the case) is static and remains on the party who asserts the claim. Evidential burden (adducing evidence) shifts between parties as evidence preponderates. The principle applies to all civil proceedings. The rule clarifies this often-confused distinction. The court must correctly identify which…
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