Legal Question in Civil Rights Law in Australia
Burden of proof for civil rights law
1. Are there any barristers representing the plaintiff and defendent in a civil case?
2. Who has the burden of proof in a civil case? The barrister for the plaintiff or plaintiff him/herself?
Asked on 4/22/08, 7:46 am
1 Answer from Attorneys
Dean Love
Dean R. Love & Associates
Re: Burden of proof for civil rights law
Your first question is difficult to understand. Are we talking about a specific case?
Of a civil case goes to trial there probably would be barristers acting for either party.
The burden of proof in a civil case is on the Plaintiff - 'on the balance of probabilities' (ie, more probable than not).
The Barrister is the advocate or agent of the party for whom they are instructed to act - either the plaintiff or the defendant.
Answered on 4/23/08, 7:31 pm