Law of Evidence Burden of Proof Assignment Example | Topics and Well Written Essays - 1250 words

Law of Evidence Burden of Proof - concession ExampleThe commove of persuasion also focuses on the party that introduces a fact and aims at convert the judge or gore to favors the party on the facts term the burden of conclusion relates to the truth despite the party that introduces it. Another significant distinction is the duty of a party. Burden of proof must be proved beyond reasonable doubt and establishes a basis for decisions on criminal charges, unlike burden of persuasion. Further, burden of persuasion relates to a limited scope of a proceeding, as it is an element of burden of proof (Ingram 47).One of the bases for distinction amidst the offices of a judge and roles of a jury are on the positive activities that the two parties perform in a judicial process. The judge plays a technical role of ascertain admissibility evidence in a case and therefore determines bases for decisions in determination of cases. The jury however undertakes the role of listening to and ev aluating admissible evidence and makes decisions on cases. The judge also determines evidence that can be utilise in a case while the jury establishes significance of admissible evidence and the extent to which a piece of evidence can be relied upon in determining a case. Another difference between roles of a judge and roles of a jury is based on the foundations of the roles. While legal provisions influence roles of a judge, roles of a jury are based on presented facts before it. The roles of a judge in a criminal trial are also limited to legal issues while those of a jury are limited to issues of facts (Emanuel and Friedman 1). A judge also has a wider jurisdiction and can perform the roles of a jury, if a party to a case wave the right to a jury trial while the jurys role is limited and cannot cover the roles of a judge in a trial. dependance of the jury on the judge for legal counsel informs the difference (Goldman and Sigismond 38).The burden of proof at a preliminary hearin g is lower than the actual burden in a formal