Civil procedure and evidence
Civil procedure and evidence
This domain tests how a civil claim is framed, proved, and decided. The exam focuses on pleadings, burden and standard of proof, admissibility, and the judge's role.
Core rules
- Pleadings define the dispute; a court should not award relief outside the claim, and amendments are allowed within limits.
- The party asserting a fact bears the burden of proving it; the standard is usually the balance of probabilities or the judge's inner conviction.
- Admissibility turns on relevance, materiality, authenticity, and exclusionary rules. Hearsay is excluded in adversarial common-law systems but may be freely evaluated in many civil-law systems.
- Documentary evidence must be authenticated; copies may be admitted with explanation. Expert evidence assists on technical matters but does not bind the court.
- The court assesses credibility and weight; illegally obtained evidence may be excluded depending on the rule and gravity.
- Judgment must be reasoned and within the pleadings; res judicata and appeal preserve finality.
Worked example
A supplier sues for the price. It proves the signed contract and delivery note. The buyer claims payment but produces only an unsigned bank slip with no account match. The supplier has proved the contract; the buyer bears the burden of proving payment and has not met it on the balance of probabilities.
Traps
Saying the plaintiff bears every burden; treating admissibility as weight; ignoring authentication; accepting expert opinion as conclusive; allowing a claim outside the pleadings.