Name and explain two tests for determining where the burden of proof ought to lie?

Answer 1

I assume you are talking about a legal burden of proof. In a criminal case, the burden of proof lies on the state, and the standard of proof is that the state must prove, beyond a reasonable doubt, that the accused is guilty of the crime. In a civil case, the party who is seeking to collect damages has the burden of proof, which is to present clear and convincing evidence that their case is more likely true than not true. This is a less arduous standard than in the criminal trial.

Answer 2

The burden of proof and reasonable doubt.
Evidence is one aspect
Testimony is another, but the burden of proof will have to lay in an expert witness hands. Anything less than that will not prove beyond a reasonable doubt unless the evidence outweighs the charge whereas more than just a few sheets of paper documents versus a long history of documents that prove manifistation of what ever he or she is trying to prove legitimate.

The preponderance of the evidence has to be in favor of the claimant and not against it .
A good claim that is plausible must be backed up by evidence of the nature to clearly show beyond reasonable doubt that it exhist;Therefore the two tests for detreming whereas the bruden of proof will lay upoin the hand of the claimant and evidence submitted an or expert testimony.

Answer 3

With the party making the affirmative statement. Or, secondly, with the party making the initial proposition.

Answer 4

beyond reasonable doubt and the reasonable person, the first test is used in criminal cases and the second is used in civil cases.

Answer 5

in the courtroom where else?