Legal Latin Term -Onus Probandi- Slide.pptx

This slide is about the legal latin term "Onus Probandi" which means "Burden of proof". You can gain knowledge about different perspectives on that legal term. This slide is based on Bangladesh and other countries. Here I mentioned the meaning, different perspectives, case reference, Bangladeshi law, other country law, and many more. So don't miss out on gaining the dept's knowledge about the legal term. Because you can use it in your academic life as well as your personal life. Suppose, in you personal life you file a petition to anyone for getting the remedy. But here you are responsible to proof that, this evidence is right. Also some time the accused person is responsible to proof that he or she is right and innocent. That's and exception.

1. PRESENTATION WELCOME PRESENTATION TOPIC ON Onus Probandi Name: Md Abu Rayhan Roll:- 21 Batch:- 64 Department Of Law Dhaka International University Submitted By

2. DELIVERING TO Advocate Soeb Akter , LECTURER OF DEPARTMENT OF LAW, DHAKA INTERNATIONAL UNIVERSITY .

3. Onus Probandi is a Latin term meaning "the burden of proof.” It refers to the legal obligation of a party in a dispute to provide evidence sufficient to persuade the court or jury of the truth of their claim. The concept has its roots in Roman law, with the maxim " Ei incumbit probatio qui dicit, non ei qui negat " (The burden of proof lies with the one who asserts, not the one who denies). Concept and History

4. In Bangladesh, the legal system adopts the adversarial model, where parties present evidence and arguments before an impartial adjudicator. Onus Probandi plays a pivotal role in this system, guiding judges in determining the party responsible for proving the elements of a claim or defense. Legal System Perspective

5. Perspective of The Evidence Act, 1872 of Bangladesh governs the rules for presenting evidence in court. Section 101 of the Act deals with the burden of proof, stating that the burden of proof lies on the person who asserts the affirmative of the issue. Section 102 of The Evidence Act, 1872 states that the burden of proof lies on the party who would lose if no evidence were presented by either side.

6. In civil law, the plaintiff bears the burden to establish their case by a preponderance of evidence, meaning they must present a more convincing case than the defendant. Criminal law in Bangladesh aligns with the universal principle where the prosecution must prove the defendant’s guilt beyond a reasonable doubt, ensuring protection against wrongful convictions. Perspective of Civil & Criminal Law in Bangladesh

7. Bangladesh, as a member of the international community, adheres to principles of international law. In matters involving international disputes or treaties, the burden of proof may shift depending on the nature of the claim and the parties involved. Perspective of International Law in Bangladesh

8. In case of Corfù Channel, Albania v. United Kingdom [1946], Albanian Rejoinder, Memoirs, vol. II, p. 353. It mentioned that, The Albanian Government is the applicant here; it is up to him to prove the rule of law that he invokes and the facts that he accuses the British government of. He intends to prove this completely, not by simple presumptions, but by indisputable testimonies and documents, borrowed, for the most part, from British communications.

9. The exception to Onus Probandi is a rare situation where the burden of proof shifts. This typically happens in criminal cases when the accused raises a specific defense, like alibi or insanity. In such cases, the accused must present some evidence to support their claim, but the burden of proving guilt beyond a reasonable doubt always remains with the prosecution. Exception