Law of Evidence Essay Example | Topics and Well Written Essays - 750 words - 2

Law of Evidence - Essay Example Civilcases, on theotherhand, havethegeneralprinciple of, ‘hewhoasserts must prove.’ Itrefers to theability of theburden to changeposition based on who is trying to ascertainthefact. Notably, there are certainenactedlaws that governandestablishtheapportionment of theburden of proof. Theseincludethe ‘Human Rights Act 1998’ andthe ‘Strasbourg case-law.’ Whilst in theburden of proofthere is thepossibility to applyrules of evidence that relate to bothcriminalandcivilcases, thestandard of proof relies on dissection of the two. It is specific to rulesbeingapplied with reference to thenature of thecase; that is whetherit is criminalorcivil. Theburden of outliningtheguilt of thedefendant is theobligation of theprosecution. This is to say, theparticulars that led to thecasebeingput into trial must be welloutlinedandestablished. Thejury should onlypassconviction in theeventthatthey are certainthattheevidence that has beenprovidedsufficientlyprovestheguilt of thedefendant. Guiltorinnocence should not be determined byanyotherprovisionsother than thosebrought forward by theprosecution. It is only from thoseprovisions that a clearcutdecisionand one that is free from bias can be made. In coming to theconclusion on which side is obligated to prove a certainfact, thecourt has to offer its judgement on the phrasing of thestatutoryallotments. Theseprovisions will guidethewayforwardforthecourt to ensurethattheside that emerges victorious has a case that can holdwater before a jury. Nonetheless, ifindeedthe evidential burdenrequirementhadalreadybeentaken into consideration, theprosecution’s side should proceed with easeifthisburdenfalls upon them. Ifstatutoryallotmentsare not taken into considerationwhilemakingthisdecision, it is more than likelythattheentirecase will be crippled at a setpoint. Thecourt can rely on evidence that is indirect in caseswheretheevidenceways in heavily on