Question

In a civil case, the burden of proof usually lies on

• A. the judge
• B. the plaintiff
• C. the witness
• D. the advocate appearing for the defendant

Hint:

The general rule of evidence is: "He who asserts must prove."
Since the plaintiff starts the lawsuit and asserts the claims, they must provide the initial proof.
This rule holds true for both civil and criminal cases (where the prosecution must prove guilt).

Answer 1

The Correct Option is B

Step 1: What is burden of proof?
The burden of proof is the legal obligation on a party to prove their claims in court.
Step 2: Who bears it in civil cases?
In a civil case, the party who initiates the lawsuit and makes allegations must substantiate those allegations. That party is the plaintiff.
Step 3: Standard applied.
The plaintiff must prove their case on the balance of probabilities (i.e., more likely than not). The judge does not prove; witnesses give testimony; the defendant's advocate defends.
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