Burden of Proof

Description: This quiz will test your knowledge on the legal concept of Burden of Proof.
Number of Questions: 15
Created by:
Tags: law evidence burden of proof
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In a criminal case, who bears the burden of proof?

  1. The prosecution

  2. The defense

  3. The judge

  4. The jury


Correct Option: A
Explanation:

In a criminal case, the prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty of the crime charged.

What is the standard of proof required in a civil case?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a civil case, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that their claim is true.

What is the burden of proof in a case involving fraud?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: B
Explanation:

In a case involving fraud, the plaintiff must prove their case by clear and convincing evidence, which means that there is no serious or substantial doubt about the truth of their claim.

What is the burden of proof in a case involving negligence?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving negligence, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the defendant was negligent.

What is the burden of proof in a case involving strict liability?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving strict liability, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the defendant is liable for their injuries.

What is the burden of proof in a case involving a breach of contract?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving a breach of contract, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the defendant breached the contract.

What is the burden of proof in a case involving a tort?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving a tort, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the defendant committed the tort.

What is the burden of proof in a case involving a crime?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: A
Explanation:

In a case involving a crime, the prosecution must prove their case beyond a reasonable doubt, which means that there is no reasonable doubt that the defendant is guilty of the crime charged.

What is the burden of proof in a case involving a constitutional issue?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option:
Explanation:

In a case involving a constitutional issue, the government must prove that the law in question is necessary to achieve a compelling government interest and that it is narrowly tailored to achieve that interest.

What is the burden of proof in a case involving a statutory interpretation issue?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Plain meaning rule


Correct Option: D
Explanation:

In a case involving a statutory interpretation issue, the court will first apply the plain meaning rule, which means that the court will interpret the statute according to its plain meaning.

What is the burden of proof in a case involving a common law issue?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Stare decisis


Correct Option: D
Explanation:

In a case involving a common law issue, the court will first look to see if there is any controlling precedent, which means that the court will follow the decision of a higher court in a similar case.

What is the burden of proof in a case involving a question of fact?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving a question of fact, the party who is asserting the fact must prove it by a preponderance of the evidence, which means that it is more likely than not that the fact is true.

What is the burden of proof in a case involving a question of law?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: A
Explanation:

In a case involving a question of law, the party who is asserting the law must prove it beyond a reasonable doubt, which means that there is no reasonable doubt that the law is correct.

What is the burden of proof in a case involving a mixed question of law and fact?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving a mixed question of law and fact, the party who is asserting the fact must prove it by a preponderance of the evidence, which means that it is more likely than not that the fact is true.

What is the burden of proof in a case involving a question of foreign law?

  1. Beyond a reasonable doubt

  2. Clear and convincing evidence

  3. Preponderance of the evidence

  4. Prima facie evidence


Correct Option: C
Explanation:

In a case involving a question of foreign law, the party who is asserting the foreign law must prove it by a preponderance of the evidence, which means that it is more likely than not that the foreign law is correct.

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