Title page for ETD etd-07162008-125921


Document Type Master's Dissertation
Author De la Rey, Jan Hendrik
URN etd-07162008-125921
Document Title The fact-finding process and burden of proof during litigation
Degree LLM
Department Procedural Law
Supervisor
Advisor Name Title
Prof A van der Merwe Supervisor
Keywords
  • fact-finding process
  • burden of proof
  • litigation
  • probabilities
Date 2008-04-18
Availability unrestricted
Abstract

This dissertation investigates the manner in which facts are proven with specific emphasis on the role which the concept of ‘probabilities’ plays in achieving the ‘burden of proof. It is illustrated that the concept of ‘probabilities’ plays a central role throughout the process of determining the accountability of a litigant, including fact-finding during the evaluation of the adduced evidence and the application of the burden of proof. This study distinguishes between the findings of individual facts, as opposed to the finding of whether the case of a party, as reflected by the cumulative effect of the individually proven facts, has been proven. It is submitted that, despite traditionally perceived views, the concept of ‘probabilities’ is applied in exactly the same manner to both these aspects of a legal dispute, the only variable being the degree of probabilities as determined by a specific stage and nature of the litigation. The research focuses on both criminal and civil cases. The dissertation is based on current South African practices as reflected in judgments in different law reports and, to some extent, on English and American legal practices.

Copyright © 2007, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria

Please cite as follows:

De la Rey, JH, P 2007, The fact-finding process and burden of proof during litigation , LLM dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-07162008-125921 />

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