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The fact-finding process and burden of proof during litigation
Dissertation (LLM)--University of Pretoria, 2007.
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| Format: | Thesis |
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University of Pretoria
2013
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| _version_ | 1867613610331602944 |
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| access_status_str | Open Access |
| author2 | Van der Merwe, Annette |
| author_browse | Van der Merwe, Annette |
| author_facet | Van der Merwe, Annette |
| collection | Thesis |
| dc_rights_str_mv | © 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 Pretori |
| description | Dissertation (LLM)--University of Pretoria, 2007. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/26346 |
| institution | University of Pretoria (South Africa) |
| last_indexed | 2026-06-10T12:38:53.005Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2013 |
| publishDateRange | 2013 |
| publishDateSort | 2013 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/26346 The fact-finding process and burden of proof during litigation Van der Merwe, Annette upetd@up.ac.za De la Rey, Jan Hendrik Fact-finding process Burden of proof Litigation Probabilities UCTD Dissertation (LLM)--University of Pretoria, 2007. 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 Procedural Law unrestricted 2013-09-07T04:48:13Z 2008-08-13 2013-09-07T04:48:13Z 2008-04-18 2007 2008-07-16 Dissertation 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://hdl.handle.net/2263/26346 > E948 /ag http://hdl.handle.net/2263/26346 http://upetd.up.ac.za/thesis/available/etd-07162008-125921/ © 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 Pretori application/pdf University of Pretoria |
| spellingShingle | Fact-finding process Burden of proof Litigation Probabilities UCTD The fact-finding process and burden of proof during litigation |
| title | The fact-finding process and burden of proof during litigation |
| title_full | The fact-finding process and burden of proof during litigation |
| title_fullStr | The fact-finding process and burden of proof during litigation |
| title_full_unstemmed | The fact-finding process and burden of proof during litigation |
| title_short | The fact-finding process and burden of proof during litigation |
| title_sort | fact finding process and burden of proof during litigation |
| topic | Fact-finding process Burden of proof Litigation Probabilities UCTD |
| url | http://hdl.handle.net/2263/26346 http://upetd.up.ac.za/thesis/available/etd-07162008-125921/ |