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PUT YOUR KNOWLEDGE TO WORK
Law of Evidence: Burden and Standard of Proof Quiz
15 questions. Choose an answer for each, then review the explanations.
Who generally bears the burden of proof in civil cases?
Defendant
Prosecutor
Plaintiff
Witness
Which statement best describes 'onus probandi'?
The weight of evidence
The admissibility of evidence
The obligation to prove
The standard of proof
Which type of burden requires a party to persuade the court on the balance of probabilities?
Evidential Burden
Persuasive Burden
Rebuttable Burden
Ultimate Burden
Which burden relates to the obligation to provide sufficient evidence to raise a particular issue?
Evidential Burden
Persuasive Burden
Rebuttable Burden
Ultimate Burden
In which scenario does the burden of proof shift from one party to another?
When the defendant pleads guilty
When the plaintiff provides primary evidence
When an exception is pleaded
When the plaintiff rests their case
In criminal cases, what is the standard of proof required?
Preponderance of the evidence
Balance of probabilities
Beyond a reasonable doubt
Clear and convincing evidence
Which standard of proof is common in civil litigation?
Beyond a reasonable doubt
Clear and convincing evidence
Preponderance of the evidence
Absolute certainty
Which standard of proof requires a high degree of certainty, though not as high as in criminal cases?
Balance of probabilities
Clear and convincing evidence
Beyond a reasonable doubt
On the face of it
Which term refers to an assumed fact that the law requires to be assumed from another proven fact?
Inference
Hearsay
Presumption
Rebuttable assumption
Which type of presumption can be challenged and disproven with evidence?
Irrebuttable presumption
Judicial notice
Rebuttable presumption
Conclusive evidence
Which type of presumption cannot be contradicted by any amount of evidence?
Rebuttable presumption
Irrebuttable presumption
Judicial notice
Inference
When a party raises an exception, who typically bears the burden of proof?
The party opposing the exception
The party raising the exception
The court
The witness
Which concept allows a fact to be accepted without the need for evidence because it's commonly known?
Judicial inference
Judicial presumption
Judicial notice
Judicial proof
Which type of presumption must be made by the court and doesn't allow discretion?
Mandatory presumption
Discretionary presumption
Judicial notice
Rebuttable presumption
Which type of presumption allows the court to decide whether to accept it or not?
Mandatory presumption
Discretionary presumption
Irrebuttable presumption
Judicial notice
Finish and review →