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Tuesday, 13 September 2011

An issue of fact

When an issue of fact has to proved in a court of law it is necessary to first consider the burden borne by the parties.” [1] The nature of this burden remains to be one of the most controversial and complex issues in the field of modern evidence law. When examining where the burden of proof should land in any legal proceeding there are two distinct issues that arise. Firstly, the matter of producing evidence and secondly the matter of proving facts.

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