have been presented？in which courts? by whom? in what fashion? b

the court does NOT bear the responsibility to " find more facts/evidence".  it, however, has the authority to determine whether to admit evidence, if any, presented before it and decide if the evidence, if admitted, supports the plaintiff's allegations. 

always has been this way. it's how the legal system works.  can't change the rules just because one doesn't like them - especially after the game is over.