Burden and Standard of Proof + Presumption

Question 1

Rests with claimant in civil proceedings

Answer 1

Joseph Constantine Steamshi[ Line [1942]

Question 2

s.101 Magistrates court act 1980- D bears the burden of proof- the keywords

Answer 2

1. exception
   2.exemption
   3.proviso
   4.excuse
2. qualification the burden of proof shall be on him

Question 3

S.101 MCA applies in Crown Courts too

Answer 3

R v Hunt [1987]

Question 4

Statutory exemption, where D bears the burden of proof

Answer 4

s.2 (2) Homicide Act 1957- diminished responsibility

Question 5

‘read down’ D’s burden- successful case

Answer 5

R v Lambert [2001]

Question 6

the courts are not always prepared to ‘read down’ statutes putting burden of proof on D- cases

Answer 6

R v Ali [2001]

Question 7

examples of a judge’s invisible burden

Answer 7

use own initiative to make jury aware of possible defences- R v Palmer [1971]
consider whether agreements reached by D and P to withdraw charges are justified- R v Coutts [2006]

Question 8

‘sure’ test

Answer 8

R v Summers [1952]

Question 9

judges should avoid the use of analogies

Answer 9

R v Yap Chuan Ching [1976]

Question 10

Lord Denning in Miller v Minister of Pensions on ‘beyond reasonable doubt’

Answer 10

It need not reach certainty, but it must carry a high degree of probability

Question 11

in a criminal proceeding shall there be a reversal of legal burden (goes to D) standard of proof changes to… + give case example

Answer 11

balance of probabilities- R v Carr-Briant [1943]

Question 12

Lord Denning in Miller v Minister of Pensions on ‘balance of probabilities’

Answer 12

We think it more probable, than not