A company is distinct from its members. It is a separate legal entity. There is, consequently, a veil between a corporation and its members, keeping them both detached from each other for better legal clarity in terms of overriding rights, duties and obligations. Nevertheless, occasionally it becomes obligatory to lift this veil, neglect the corporation’s distinct corporate entity, and discover the authenticity of the company.
Evidence comprises anything that may be used to determine the truth of the assertion. The production and presentation of evidence depend on establishing on whom the burden of proof lays.
The judge or the jury decides if the burden of proof has been fulfilled. After it has been established who shall carry the burden of proof, the evidence is foremost gathered, collected and then presented before the court to determine its admissibility.