Have you ever wondered that how the parties of the proceeding be it the Plaintiff or the Defendant prove their case in the Courts? Today, we are going to discuss on how the parties prove their case in Court.
For starters, always bear in mind there are few maxims and principles that lies within the Law of Evidence, two of them which is the maxim of “He who asserts has to prove” which means that the claiming parties have to prove their case. Secondly, the presumption of innocence whereby everyone is presume innocent until proven otherwise.
Burden of Proof
The Burden of Proof is always lies on the Plaintiff based on the maxim, “He who asserts has to prove” unless otherwise stated in some written law, therefore once the Plaintiff proves their case, the burden will shift to the Defendant to prove their defense (if any).
Fact in Issue and Relevant Fact
Since the Burden of Proof lies on the Plaintiff, by virtue of section 5 of the Evidence Act 1950 the Plaintiff has to prove their case with the fact in issue and the relevant fact.
Fact in Issue is the elements of the case which is the direct evidence.
For example, in a claim of a tort of Negligence suit, the fact in issues are whether there is a duty of care owed, the tortfeasor breached the duty of care, which causes damage to the Plaintiff, and the damage is not too remote.
Relevant Fact is the circumstantial evidence that revolves around the direct evidence.
For example, the transaction that occurs after the action is done, the motive, the intention, etc. which is stated in Section 6-15 of the Evidence Act 1950.
Therefore, in order to prove their case in Court, the Plaintiff have to prove the fact in issue and the relevant fact in order to obtain the necessary judgment or order in the Court.
