Judiciary, Claims and Burden of Proof

Judicial procedure distinguishes the claimant from the person denying the claim. The classical principle that evidence is required from the claimant and an oath from the denier expresses an allocation of procedural responsibility, not a guarantee that every allegation is false until documents appear. Define a claim, admission, witness testimony and circumstantial indication. Consider a disputed unpaid debt: the judge must determine what has been alleged, what is admitted and what legally acceptable proof is available. Specific evidentiary rules vary with the subject of litigation and should not be generalised without qualification.