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See Also:
- EVIDENCE - BURDEN OF PROOF/ONUS OF PROOF - Effect of failure to discharge the burden of proof placed on a party
"...Therefore when the defendants introduced their pleadings, issues that would convert him to be a claimant/plaintiff on such issues, it is his duty to prove the existence of such facts…
- EVIDENCE: Evaluation of Evidence – Primary duty of the trial judge to evaluate evidence – Rationale behind assignment of the role of evaluation of evidence to the trial judge
“This reluctance is principally grounded on the recognition that the learned trial Judge, who had the undoubted advantage of seeing and hearing the evidence presented by the parties, at first-hand,…
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proof in criminal cases; whether the burden of proof on the prosecution can shift to the accused person
"In answer to the question raised in the issue under discourse, it was to be said that whenever anybody is charged with the commission of a criminal offence, the onus…