18 Questions
What is the standard of proof in a criminal case?
Proof beyond a reasonable doubt
What is the primary difference between conclusive proof and prima facie proof?
The possibility of rebuttal
According to the given information, what is the relationship between evidence and proof?
Evidence is not yet proof, but rather a step towards it
What is the standard of proof in a civil case?
Proof upon a balance of probability
What is the role of the court in evaluating evidence and proof?
To decide whether the fact has been proved
What does prima facie proof imply about the possibility of rebuttal?
Rebuttal is possible
What is the term used to describe the burden of providing evidence to refute the opposing party's claims?
Evidential Burden
What is the term used to describe the initial burden of proving a fact?
Onus of Proof
What is the difference between the onus of proof and the burden of rebuttal?
The onus of proof is a legal burden, while the burden of rebuttal is an evidential burden
What is the term used to describe the responsibility of a party to provide evidence to refute the opposing party's claims in another language?
Weerleggingslas
What is the primary difference between the onus of proof and the burden of rebuttal?
The onus of proof is the initial burden, while the burden of rebuttal is the subsequent burden
What is the relationship between the onus of proof and the burden of rebuttal?
They are sequential burdens
What is the standard of proof required in criminal cases?
Beyond a reasonable doubt
Which type of proceedings has a lower standard of proof?
Civil proceedings
What is the purpose of the higher standard of proof in criminal cases?
To maintain a balance between the state and the individual
What is the result of the higher standard of proof in criminal cases?
Fewer guilty verdicts are returned
What is the standard of proof in civil cases?
On a balance of probability
Why are courts more willing to admit hearsay evidence in civil proceedings?
Because the discretion embodied in s 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988
Study Notes
Rules of Evidence
- The Constitutional Court emphasizes the importance of ensuring no reasonable apprehension of bias on the part of assessors.
Evidence and Proof
- Proof of a fact means the court has received probative material and accepted it as true for the specific case.
- Evidence of a fact is not yet proof; the court must still decide whether the fact has been proved.
- The court only acts upon facts found proved in accordance with certain standards.
Standard of Proof
- In criminal cases, the standard of proof is proof beyond a reasonable doubt.
- In civil cases, the standard of proof is proof upon a balance of probability.
Types of Proof
- Conclusive proof means rebuttal is no longer possible; it is decisive and final.
- Prima facie proof implies proof to the contrary is still possible.
- In the absence of proof to the contrary, prima facie proof generally becomes conclusive proof.
Basic Concepts and Distinctions
- Facts in issue (facta probanda) are those facts a party must prove to succeed.
- Facts relevant to the facts in issue (facta probantia) are those facts that tend to prove or disprove the facts in issue.
- Probative material includes oral, documentary, and real evidence, as well as formal admissions, judicial notice, presumptions, and certain statements.
Admissibility and Weight of Evidence
- A court may admit hearsay more readily in civil proceedings than in criminal proceedings.
- The court evaluates evidence and decides whether it has been proved.
Understand the concept of probative material in evidence law, including oral, documentary, and real evidence, as well as formal admissions and judicial notice. Test your knowledge of proof of facts in a court of law.
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