Civil litigation involves two private individuals, seeking to enforce certain rights i.e. The enforcement of rights and or obligations arising from a contractual agreement. In civil litigation, the burden to prove one’s case rests on the party who institutes proceedings (the plaintiff), to prove their case on a balance of probabilities. The determination to be made by the presiding officer is which of the versions provided by the respective parties is most probable.
Criminal proceedings are commenced at the State’s instance. If one is arrested for a criminal offence, they are brought before court in order to answer to said allegations. In criminal litigation, the burden of proof lies not on the accused to prove his innocence but on the State to prove the guilt of the accused beyond a reasonable double. The test for determining guilt, is a ‘reasonable man’ test. The question that must be answered is, would a reasonable person having heard the evidence against the accused person, believe in his guilt or innocence.