1. What is the burden of truth?

- 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.

2. In criminal cases, who has the burden of proof? - For example, in criminal
cases, the burden of proving the defendant's guilt is on the prosecution, and they must
establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden
of proving his case by a preponderance of the evidence.

3. Explain the equipoise rule - The equipoise rule states that where the
inculpatory facts and circumstances are capable of two or more explanations,
one of which is consistent with the innocence of the accused and the other
consistent with his guilt, then the evidence does not fulfil the test of moral
certainty and is not sufficient to support a conviction. The equipoise rule provides
that where the evidence in a criminal case is evenly balanced, the constitutional,
presumption of innocence tilts the scales in favor of the accused.

4. May a presumption be used even if evidence is available - Even though evidence

contradicting the presumption is offered, a presumption is considered sufficient evidence
of the presumed fact to be considered by the jury. ... The court may, however, instruct
the jury that it may infer the existence of the presumed fact from proof of the basic facts.

5. Give an example of estoppel in pais - The principle of estoppel in pais applies

wherein one, by his acts, representations or admissions, or by his own silence
when he ought to speak out, intentionally or through culpable negligence,
induces another to believe certain facts to exist and such other rightfully relies
and acts on such belief, so that he will be prejudiced if the former is permitted to
deny the existence of such facts.