Burden of Proof and Standard of Proof (Ch. 3)

Question 1

What is the burden of proof?

Answer 1

A party’s obligation to prove certain facts of matters in issue

Question 2

Who has the burden of proof in a criminal matter?

Answer 2

The Crown has the burden of proof; the accused has no obligation to prove anything

Question 3

What is the presumption regarding the accused in a criminal matter?

Answer 3

The accused is presumed innocent

Question 4

Who has the burden of proof in a civil matter?

Answer 4

Plaintiff has the burden of proof

Question 5

Can the burden of proof shift during a trial?

Answer 5

Yes, it may shift from one party to the other at certain points

Question 6

What is the standard of proof when arguing a breach of charter of rights?

Answer 6

It must be proven on a balance of probabilities

Question 7

When seeking to challenge the admissibility of evidence, who bears the burden of proof?

Answer 7

The party seeking to exclude it

Question 8

What must the Crown prove regarding confessions?

Answer 8

The confession was made voluntarily

Question 9

What is s 651 ss3 regarding the accused’s right of reply?

Answer 9

The accused or counsel is entitled to address the jury last if no witnesses are examined for the accused

Question 10

What does ‘rebut’ mean in a legal context?

Answer 10

To present opposing evidence or arguments

Question 11

What is the air of reality test?

Answer 11

A test of whether the defence to a charge is reasonable in light of the evidence

Question 12

What happens if a judge decides a defence does not pass the air of reality test?

Answer 12

They instruct the jury to disregard it

Question 13

Is a judge required to present any and all defences that meet the air of reality test?

Answer 13

Yes, regardless of whether the accused specifically raised that defence

Question 14

What is the standard of proof in criminal matters?

Answer 14

Beyond a reasonable doubt

Question 15

What does ‘beyond a reasonable doubt’ mean?

Answer 15

A very high standard of proof; not an imaginary or frivolous doubt

Question 16

What is the standard of proof in civil matters?

Answer 16

Balance of probabilities
aka “preponderance of the evidence,” 50 percent plus one, or “more likely than not”

Question 17

What does ‘failure to discharge the burden’ mean?

Answer 17

The evidence did not meet the standard; ties go to the defendant (defence wins)

Question 18

What is the standard of proof in administrative tribunal hearings?

Answer 18

Civil standard of proof on the balance of probabilities

Exceptions may apply that require ‘clear and convincing evidence’ in cases of professional misconduct.

Question 19

Who typically bears the burden of proof in tribunal proceedings?

Answer 19

The party who initiates the proceeding

Legislation may reverse the burden of proof in certain cases.

Question 20

What happens to the burden of proof when an applicant is denied employment insurance benefits?

Answer 20

It switches to the government body

This is an example of legislation reversing the burden of proof.

Question 21

Define a prima facie case.

Answer 21

A case with sufficient proof on its face that no further proof is required for success

It indicates a good case with a possibility of conviction.

Question 22

What is a directed verdict?

Answer 22

When the judge directs that the accused be acquitted due to lack of a prima facie case

It occurs when the Crown has not met its burden.

Question 23

What is a non-suit in legal terms?

Answer 23

When the judge dismisses the case because the plaintiff has failed to meet a prima facie case

This indicates the plaintiff did not provide sufficient evidence.

Question 24

What is a presumption in legal context?

Answer 24

A fact taken to be true without formal proof

E.g. the presumption of innocence and mental competence.

Question 25

What is the presumption of innocence?

Answer 25

The legal principle that one is considered innocent until proven guilty ## Footnote This is a fundamental concept in criminal law.

Question 26

What does the presumption of *res ipsa loquitur* imply?

Answer 26

The thing speaks for itself; a presumption that certain facts are self-evident ## Footnote Example: Stevenson case with the snail in the bottle.

Question 27

Are presumptions rebuttable or irrebuttable?

Answer 27

Presumptions are rebuttable ## Footnote They can be challenged if the onus of proof is met.

Question 28

What is a presumption of law?

Answer 28

A presumption that automatically applies as a matter of law ## Footnote Example: presumed innocent until proven guilty.

Question 29

What must the opposing side prove to challenge a presumption of mental competence?

Answer 29

They must prove the individual is not competent ## Footnote This is an important aspect in determining legal capacity.

Question 30

What is a presumption of fact?

Answer 30

A presumption that exists only upon proof of a basic fact ## Footnote It does not apply automatically and requires evidence.

Question 31

What is judicial notice?

Answer 31

A judge’s recognition of a fact without requiring a party to prove it ## Footnote Judicial notice allows the judge to acknowledge certain facts that do not need formal proof.

Question 32

What does judicial notice permit a judge to do?

Answer 32

Recognize or 'take note of' the existence of a particular fact without requiring formal proof ## Footnote This process streamlines court proceedings by acknowledging widely accepted facts.

Question 33

What is a notorious fact?

Answer 33

A fact that is so generally known and accepted that it may not reasonably be disputed ## Footnote Notorious facts are considered common knowledge within a society.

Question 34

What are the criteria a court may use to assess if a fact is notorious? ## Footnote 3 questions

Answer 34

* Is this part of society’s common knowledge? * Is this commonly known locally? * Is this commonly known among a specific group within the community or locality? ## Footnote Courts evaluate the general acceptance and recognition of a fact in society.

Question 35

What latitude do administrative tribunals have regarding judicial notice?

Answer 35

They have considered latitude in the exercise of judicial notice, referred to as 'administrative notice' ## Footnote This allows administrative bodies to recognize facts without formal proof in their proceedings.

Question 36

What should the court have at its disposal regarding social interaction?

Answer 36

Scholarly studies and research ## Footnote Decisions have long term affects on various areas of social interaction