Tuesday, March 6, 2012
Burden of Proof
Most complainants in almost every case I have ever encountered throughout my Legal Profession feel that courts side with the defense every time a judge stress that Burden of Proof lies in the accuser. Defense actually only needs to deny said claims and counter attack by telling the complainant to prove the accusation. Mostly complainants present material evidence and oral evidence by means of a witness. Now, what the defense have to do is to attack the credibility of the witness giving testimony in court. So as most of you can see the picture here this is the reason why most complainants feel that courts side by the defense but the rationale here is to give both parties a chance to prove their claims by presenting authentic, valid, and credible evidence. Courts cannot rule on something just because a complainant looks aggrieved. Of course, accused' also have rights and this is provided by the constitution. We should all understand it is not as easy it is to prove a claim in court so if you are thinking of filing a claim against another I will suggest that you better have adequate evidence to prove all your claim so you don't have to waste time and money in pursuing a case with no substance. I see a lot of cases go archived and some cases accused' were acquitted for lack of substantial evidence. It is best to keep all document of your transactions and receipts of everything and if you have some documents that needs authentication have them authenticated already because requesting this in different government offices can also take some time and we all know how it goes over there. Be always diligent of all your transactions so if something happens you are sure that you and your interest are well protected.
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