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Burden & Standard
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Burden & Standard
Determine who has to prove the fact in issue - S 101-114
Legal burden - obligation to adduce evidence to the satisfaction of the court to establish existence or non-existence of fact in issue - proved separately - discharged only fact in issue established or proved - Jayasena - S 3 refer to legal burden not evidential burden
Evidential burden - duty to adducing evidence - either at beginning of the case or later moment throughout the trial or discussion - Jayasena - Privy Council totally rejected the term 'evidential burden of proof'
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- Certificate Law Mind Map on Burden & Standard, created by sam_4869 on 04/04/2016.
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