Title: Evidence Definition
Headings: Evidence Definition:
Evidence Definition:
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Content: no preconceived idea or knowledge of the facts. It is up to the opposing parties to, by taking turns, prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their respective cases. Thus, these words of Justice Mansfield in Re Lord Lovatt: "There is no making brick without straw. There is no calling witnesses without facts. There is no making a defence without innocence. There is no answering evidence which is true." In a civil suit, the plaintiff has the burden of proof so in the event of a tie in the evidence, the plaintiff loses. In a criminal trial, the burden (a different burden: beyond a reasonable doubt), is on the prosecutor.