Question

What do you mean by 'onus probandi'?

• A. Actual evidence, documents, or witnesses presented to substantiate that claim.
• B. "The fact to be proved" or the "ultimate fact" that needs to be established in a legal case, such as the core elements of a crime or a cause of action.
• C. 'Burden of proof' which places the responsibility on the party making an affirmative claim to substantiate it with evidence.
• D. The prosecution in a criminal case must prove beyond a reasonable doubt, not only a criminal act, but also a certain level of a guilty mind (mens rea), specified in the criminal statute.

Hint:

"Onus Probandi" = Burden of Proof. If you allege it, you must prove it—this is the fundamental rule of evidence in both civil and criminal law.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
"Onus probandi" is a Latin legal maxim that refers to the obligation a party has to introduce evidence to support their assertions in a legal proceeding.

Step 2: Detailed Explanation:
- The phrase literally translates to the "burden of proof."
- It dictates that if a party claims a fact exists, they have the legal responsibility (the "onus") to provide sufficient evidence to convince the court or trier of fact of that claim.
- Options (A), (B), and (D) describe evidence or standards of proof, but they do not define the concept of "onus" (the obligation/burden itself) as accurately as (C).

Step 3: Final Answer:
The correct definition of 'onus probandi' is the 'burden of proof' placed on the claimant. Thus, (C) is correct.