IOSH Managing Safely Practice Test

In a civil court case, who is responsible for proving the case?

1. The defendant

2. The judge

3. The claimant

4. The attorney general

The correct answer is: The claimant

In a civil court case, the responsibility for proving the case falls on the claimant. The claimant, also referred to as the plaintiff, is the individual or entity that brings the suit, asserting that they have been wronged or suffered loss due to the actions of another party. Their burden is to provide sufficient evidence that supports their claims and demonstrates that the defendant is liable for damages. This requirement encompasses presenting facts and legal arguments that persuade the judge or jury of the validity of their case. The standard of proof in a civil case is generally "on the balance of probabilities," meaning the claimant must show that their version of events is more likely true than not. The other entities in the process have different roles. The defendant responds to the claims made by the claimant, potentially offering their own evidence and defenses. The judge oversees the proceedings, ensuring that the laws are applied correctly and fairly, but does not take on the responsibility of proving the case. The Attorney General typically represents the government in public law cases and would not be directly involved in a private civil dispute unless it pertains to a matter of public interest or statutory authority.