MyGSL | Quiz on Burden of Proof

Quiz on Burden of Proof

1. Which of the following is not a significance of the burden of proof?

It helps the judge in the course of the proceedings on how he should direct the jury.

None of the above

It helps to determine which party has the duty to begin adducing evidence.

It determines the eventual outcome of a case; it helps in determining who should lose if no evidence was produced;

2. In the case of …………………………..was it said that the burden of proof consists of the ………………………… and ……………………………., and both burdens are recognised by the common law and persevered in Ghanaian law by the Evidence Act, 1975 (NRCD 323)

None of the above

Legal burden; Burden of Persuasion; Duah v. Yorkwa

Burden of Proof; Burden of Producing Evidence; Thompson v Total Ghana Ltd.

Legal burden; Evidential burden; Bielbiel v Dramani and Another (supra).

3. The term “burden of proof” is defined under Section 179 of the Evidence Act, NRCD 323.

False

True

4. In which of the following cases was it said that the burden of persuasion means “ in the light of the Commentary on the Evidence Decree at pp 14-16, I am of the view that the expression “burden of persuasion” should be interpreted to mean “ the quantity, quantum, amount, degree or extent of evidence which a litigant is obligated to adduce in order to satisfy the requirement of proving a situation or a fact. ”

Bielbiel v Dramani and Another (supra)

Ackah v Pergah Transport Ltd. and Others

Takoradi Flour Mills V. Samir Faris

Duah v Yorkwa

5. Which of the following best defines the burden of persuasion?

Section 10(3): The obligation of a party to prove, on the balance of probabilities, the existence of a fact in the mind of the tribunal of fact or the court.

Section 10(2): The obligation of a party to prove, on the balance of probabilities, the existence of a fact in the mind of the tribunal of fact or the court.

Section 10(1): The obligation of a party to establish a requisite degree of belief concerning a fact in the mind of the court.

Section 10(1): The obligation of a party to establish beyond reasonable doubt that the existence of a fact is more probable than its non-existence.

6. The burden of proof consists of:

The legal burden and the burden of persuasion.

The evidential burden and the legal burden.

None of the above

The burden of producing evidence and the evidential burden.

7. In which of the following cases was it said that the burden of producing evidence deal with “which of the litigating parties should be the first to lead evidence before the other’s evidence is led”

Takoradi Flour Mills V. Samir Faris

Duah v Yorkwa

Ackah v Pergah Transport Ltd. and Others

Bielbiel v Dramani and Another (supra)

8. The burden of producing evidence is also know as:

Burden of going forward, evidential burden, the duty of passing the judge

The risk of non-production, the ultimate burden, the risk of jury doubt

Evidential burden, burden of presentation, probative burden.

The ultimate burden, burden of production, burden of presentation

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