Question:

When does the burden of proof shift?

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The principal in question is that those who assert must prove.

So let's say there are three parties involved in a dispute which hinges on whether or not Defendant A recognises Defendant B as a registered Doctor.

The Applicant pleads that Defendant A does not recognise Defendant B as a registered Doctor.

Defendant A pleads that B is not a registered Doctor whereas Defendant B pleads that it is a registered Doctor.

Neither Defendants go into any evidence.

Does the Claimant have the burden of proof to prove that Defendant A does not recognise Defendant B as a registered Doctor.. or does the burden shift to Defendant B by reason of the pleading of Defendant A?

See now that's not too hard is it?

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3 ANSWERS


  1. Defendant B does not have burden of proof on anything.

    It all rests on Applicant to prove Defendant A's assertion, which can be done by using defendant A as a witness. If this happens that Defendant A would have to have evidence for his testimony to be credible.  


  2. If Neither party enters evidence, then the burden lies with the one making the positive claim... this is too simple, Law-school 101.

  3. You cannot prove that someone isn't a doctor, therefore you should start with the belief that he isn't a doctor and look for proof that he is a doctor.  If you find enough proof:  case closed.  If not, the lack of evidence works in favor of the position that he is not a doctor, but that position can never be techniqualy proven, only reaffermed by a lack of evidence to suggest otherwise.

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