Question: The Woolmington principle.
Answer: The law of evidence implements rules and legal principles that oversee the proof of facts when it concerns a legal proceedings. These rules and legal principles ensure that only relevant facts of evidence, which is relevant to the dispute. Tindall CJ stated in the case of Robertson v Jackson “…the words in themselves bear no precise meaning until they obtain their application by evidence”.
When an issue of fact arises in court and has to be proved within the court of law, it is essential to consider the …”burdens borne by the parties” . The principle governing the phrase ‘burden of proof’ is that “he who asserts a matter must prove it, but he who denies it need not prove it” and there are two principle kinds of burden: the legal burden and the evidential burden. The legal burden is defined as the “obligation imposed on a party by a rule of law to prove a fact...(short extract)
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- Subject: Law
- Course: Law of Evidence
- Level: Degree
- Year: 2nd/3rd
- Mark: Not available
- Words: 2181
- Date submitted: October 07, 2015
- Date written: December, 2014
- References: Yes
- Document type: Essay*
- Essay ID: 6881
