Section 101 IEA states the general rule that the burden of proof lies on
AWhichever party is wealthier
BThe defendant always
CThe person who would fail if no evidence at all were given on either side
DThe plaintiff only in civil cases
Answer & Solution
Correct answer: C. The person who would fail if no evidence at all were given on either side
Section 101 is the foundational allocation of burden of proof. He who alleges must prove. The burden is a STATIC burden (on pleadings); the burden of evidence (s102) may shift in the course of trial.
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