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Evidence Burden And Standard Of Proof Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Evidence Burden And Standard Of Proof notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CIVIL EVIDENCE BURDEN & STANDARD OF PROOF Concepts & Definitions Evidence Information which may be presented to assist deciding on the probability that a fact asserted is true. Facts Open to Proof 3 types:


facts in issue,
* identifiable from statements of case


relevant facts,
* facts from which the existence/non-existence of a fact in issue can be inferred (circumstantial evidence)


collateral facts
* not relevant to fact in issue, relevant to:
# credibility of a Witness,
# Legal ability of a Witness to testify (competence)
# Whether a pre-condition for admitting an item of evidence has been satisfied (preliminary facts)

Weight Quality + Cogency + Probative value of evidence in relation to the fact(s)-in-issue Q of degree In assessing, may consider:


other evidence - consistent or inconsistent


fact that party failed to use "best evidence",


demeanour, credibility and plausibility of Witnesses,


authenticity of documentary evidence. Types of Evidence




Oral evidence given by a Witness in court - to prove truth of the matters stated

Direct Testimony

Oral evidence of a Witness of facts of which he has direct, personal, firsthand knowledge (ie. personally witnessed)


Statement not given in oral evidence admitted to prove truth of the matters stated

Real Evidence

Material objects produced for Court's inspection:

* to prove that the object exists, or

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