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See Also:
- EVIDENCE: Burden of Proof - Burden of proof in civil cases - Duty of the party who asserts to prove - Whether burden of proof remains static in civil suits
"The law is that he who asserts must prove. In civil cases, the burden of first proving the existence or non-existence of a fact lies on the party against whom…
- CRIMINAL LAW AND PROCEDURE: Burden of Proof — Whom Lies the Burden of Proof in Criminal Cases
"It must be reiterated that in any proceeding where the commission of a crime is in issue, the onus is on the prosecution to establish the guilt of the accused…
- EVIDENCE: Burden of Proof in Insanity Defense - Onus of Proof
"Apart from this there is no evidence by the defence to show that the accused at the material time was suffering either from mental infirmity and as a result of…
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proving the defence of insanity:
"The law is settled that the burden of proof of insanity lies on the accused person. In NDU v THE STATE 1990 LPELR-1975 SC this Court held as follows: The…
- CRIMINAL PROCEDURE: Defence of Insanity - Application of the Defence of Insanity – Requirements under the Law
"The defence of insanity necessitates proving, according to law, that the accused was suffering from either a mental disease or natural mental infirmity at the time of committing the act,…