6.

Explain burden of proof with respect to civil and criminal litigation and also explain
examination in chief,cross examination and re-examination.

Burden of proof (criminal case):

Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can
define which party bears this burden. In criminal cases, the burden of proof is placed on the
prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or her.
But in some jurisdiction, the defendant has the burden of establishing the existence of certain facts
that give rise to a defense, such as the insanity plea.

Burden of proof can also define the burden of persuasion, or the quantum of proof by which the party
with the burden of proof must establish or refute a disputed factual issue. In criminal cases, the
prosecution must prove the defendant's guilt BEYOND A REASONABLE DOUBT.

Judges explain the “REASONABLE DOUBT STANDARD” to jurors in a number of ways. Federal jury
instructions provide that proof beyond a reasonable doubt is "proof of such a convincing character that
a reasonable person would not hesitate to act upon it in the most important of his own affairs."

Burden of proof (civil case):

In civil litigation the standard of proof is either proof by a PREPONDERANCE OF THE EVIDENCE or
proof by clear and convincing evidence. Both are lower burdens of proof than beyond a reasonable
doubt. A preponderance of the evidence simply means that one side has more evidence in its favor
than the other, even by the smallest degree. Clear and convincing evidence is evidence that
establishes the truth of a disputed fact by a high probability. 

Examination in chief:

The questioning of a witness by the party which has called that witness to give evidence, in support of
the case being made.

The questioning of a party's own witness under oath, at trial.Witnesses are introduced to a trial by their
examination-in-chief, which is when they answer questions asked by the lawyer representing the party
which called them to the stand.After their examination-in-chief, the other party’s lawyer can question
them too; this is called cross-examination.

Cross-Examination:

The formal interrogation of a witness called by the other party in a court of law to challenge or extend
testimony already given.

OR
Cross examination is the questioning of a witness at a trial or hearing by the opposing party who called
the witness to testify. The purpose of cross-examination is to ascertain the credibility of a witness
before the fact-finder and to bring out contradictions and improbabilities in his/her earlier testimony, by
putting leading questions thus by trapping the witness into admissions that weaken the testimony.
Leading questions are limited to matters covered on direct examination and to credibility issues.

Re-Examination:

The process of questioning one's own witness again, after cross-examination by the opposing counsel.

OR

Once a witness has given their evidence-in-chief and been cross-examined by the other side the
solicitor may re-examine their witness. The purpose of re-examination is to give the witness an
opportunity to explain any matters raised during cross-examination and is therefore limited to only
those matters that were raised during cross-examination. It is not another opportunity to go through the
evidence provided.