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The Usage of the Context in Burden of Proof (Essay Sample)


This assignment was a discussion on some of concepts used in law. Specifically, the students were required to discuss about the burden of proof and prima facie case. Also, the students were required to provide examples of the concepts and illustrate how they interrelate.


Burden of Proof is the obligation by the advocate to contest the ground of prosecution to debase any given presumption or create change in belief or behaviour. The party can undertake this by offering logically sufficient arguments or reasons. Notably, in this context, presumption defines the preoccupation of ground in argumentation by the opponent. In simpler words, the Burden of Proof concept describes a party’s duty to produce sufficient evidence to support an allegation or argument. It is typically undertaken, especially in civil cases, through a preponderance of the evidence, which makes a critical evidentiary standard in the analysis. An example to this extent would be that if Jonah sues Elfas for injuries sustained in a fight, Jonah must convince the court that it is more probable than not that Elfas caused the fight the resulted in his injuries. Wholly, the concept entails shifting or transferring of the weight of the evidence and reasoning from one side to the other.

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