§-Quick questions
QLDLegal StudiesUnit 2: Balance of probabilities
Quick questions on The standard of proof and burden of proof in civil law: QCE Legal Studies
4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the civil standard?Show answer
The plaintiff in a civil claim must prove their case on the balance of probabilities. This means more likely than not, or more than a 50 percent likelihood.
What is the Briginshaw principle?Show answer
In Briginshaw v Briginshaw (1938) 60 CLR 336, Dixon J observed that the strength of the evidence required to meet the balance of probabilities varies with the gravity of the matter alleged. The more serious the allegation, the more cogent the evidence must be to satisfy the court that the matter is more likely than not. The standard remains the balance of probabilities; the practical operation is more demanding for serious allegations.
What is reverse onus?Show answer
Some statutes reverse the ordinary burden. The defendant must prove an element on the balance of probabilities. Examples in Queensland include:
What are presumptions?Show answer
Some legal rules create presumptions that shift the evidential burden:
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