Trial procedure (Trial)-FS Flashcards
(9 cards)
What standard of proof applies in civil trials?
The balance of probabilities — meaning the claimant must prove that each fact in issue is more likely than not to have occurred.
How does the court approach disputed facts during trial?
The court makes factual findings based on the evidence and decides whether a fact did or did not happen — there is no room for partial findings or speculation.
What is Definition: Balance of Probabilities
The standard of proof in civil litigation requiring the claimant to show that a fact is more than 50% likely to be true.
What happens if the party with the burden of proof fails to prove a fact on the balance of probabilities?
The court will treat the fact as not having occurred — the burden has not been discharged, and a binary “no” (0) result is recorded.
Definition: Burden of Proof
The obligation on a party (usually the claimant) to prove the essential elements of their case to the required standard (balance of probabilities in civil cases).
What does it mean when trial findings follow a “binary” approach?
The court must decide whether a fact did or did not occur. There is no third option such as “possibly” or “maybe”. The outcome is either 0 or 1.
List: Steps in Factual Determination in Civil Trials
- Identify facts in issue
- Assess disputed evidence
- Apply the balance of probabilities
- Decide whether each fact occurred or did not
- Reach findings of fact accordingly
Who carries the burden of proof in a civil trial?
The claimant usually carries the burden to prove the elements of their claim. The defendant carries the burden for any affirmative defences raised.
What is the nature and effect of a judgment in civil proceedings?
A judgment is a finding of liability, but it does not prevent an appeal and may still require enforcement by the successful party.
