In a civil case, the burden of proving a particular fact generally lies on the person who:
Correct answer: B. Asserts that the fact exists
- A. Denies every allegation in the plaint
- B. Asserts that the fact exists
- C. Files the first application in court
- D. Appears as a witness for the defence
Explanation
The general rule is that the party who asserts a fact must prove it. A mere denial does not normally shift the initial burden unless the opposing party first establishes the relevant facts.
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About Civil Law
Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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