Queensland Evidence Bar Practice Exam

The standard of proof that applies when the accused bears the legal burden is the balance of probabilities. This standard is often used in civil cases or in situations where a party has the legal responsibility to prove a matter. It requires that the party must show that their version of events is more likely true than not, which means that there is a greater than 50% chance that the claim being made is correct.

In the context of criminal law, however, when the state bears the burden to prove the charges against the accused, the standard is "beyond a reasonable doubt." This is a much higher threshold, reflecting the serious consequences of a criminal conviction. Conversely, "clear and convincing evidence" is also a higher standard than the balance of probabilities and is typically applied in certain civil cases. "Substantial evidence" is a legal phrase used in administrative and regulatory contexts rather than criminal law.

Understanding this distinction is crucial for grasping the dynamics of legal burdens in criminal and civil proceedings. When the accused bears the legal burden, the balance of probabilities becomes the applicable standard – they must convince the court of their case simply by showing that it is more likely than not. This reflects a fundamental aspect of legal principles surrounding evidentiary standards.