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    Question

    Who bears the burden of proof in a legal proceeding when establishing the existence of facts?

    A The jury Correct Answer Incorrect Answer
    B The judge Correct Answer Incorrect Answer
    C The defendant Correct Answer Incorrect Answer
    D The prosecutor Correct Answer Incorrect Answer
    E The party asserting the facts Correct Answer Incorrect Answer

    Solution

    Evidence Act Section 101.  Burden of proof:  Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

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