All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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50.

Which of the following statements is most accurate about the law of evidence ?

A: The law of evidence is not procedural law but a substantive law.
B: The law of evidence does not usually apply similarly across civil and criminal proceedings.
C: The law of evidence is not codified.
D: The normal rule in the law of evidence is that the burden of proving a fact lies on the party who alleges a fact.
E: Hearsay evidence is usually admitted.

The answer is: D

Explanation

The most accurate statement about the law of evidence is:

D: The normal rule in the law of evidence is that the burden of proving a fact lies on the party who alleges a fact.

Explanation :

In the law of evidence, it is generally the responsibility of the party making an assertion or allegation to prove that fact. This is known as the burden of proof, and it is a fundamental principle in both civil and criminal proceedings. The burden of proof can vary depending on the specific context and the type of case, but the default rule is that the party making the claim must provide evidence to support that claim.

The other statements are not accurate:

A: The law of evidence is a procedural law that governs how evidence is presented and evaluated in legal proceedings.

B: The law of evidence does apply similarly across civil and criminal proceedings, although there may be some differences in the rules and standards of proof.

C: The law of evidence is often codified in statutes or rules of procedure in many legal systems.

E: Hearsay evidence is generally not admitted in court without certain exceptions, as it involves statements made by someone other than the witness testifying, and it is considered less reliable.