Burden of Proof and Standard of Proof (Ch. 3) Flashcards
What is the burden of proof?
A party’s obligation to prove certain facts of matters in issue
Who has the burden of proof in a criminal matter?
The Crown has the burden of proof; the accused has no obligation to prove anything
What is the presumption regarding the accused in a criminal matter?
The accused is presumed innocent
Who has the burden of proof in a civil matter?
Plaintiff has the burden of proof
Can the burden of proof shift during a trial?
Yes, it may shift from one party to the other at certain points
What is the standard of proof when arguing a breach of charter of rights?
It must be proven on a balance of probabilities
When seeking to challenge the admissibility of evidence, who bears the burden of proof?
The party seeking to exclude it
What must the Crown prove regarding confessions?
The confession was made voluntarily
What is s 651 ss3 regarding the accused’s right of reply?
The accused or counsel is entitled to address the jury last if no witnesses are examined for the accused
What does ‘rebut’ mean in a legal context?
To present opposing evidence or arguments
What is the air of reality test?
A test of whether the defence to a charge is reasonable in light of the evidence
What happens if a judge decides a defence does not pass the air of reality test?
They instruct the jury to disregard it
Is a judge required to present any and all defences that meet the air of reality test?
Yes, regardless of whether the accused specifically raised that defence
What is the standard of proof in criminal matters?
Beyond a reasonable doubt
What does ‘beyond a reasonable doubt’ mean?
A very high standard of proof; not an imaginary or frivolous doubt
What is the standard of proof in civil matters?
Balance of probabilities
aka “preponderance of the evidence,” 50 percent plus one, or “more likely than not”
What does ‘failure to discharge the burden’ mean?
The evidence did not meet the standard; ties go to the defendant (defence wins)
What is the standard of proof in administrative tribunal hearings?
Civil standard of proof on the balance of probabilities
Exceptions may apply that require ‘clear and convincing evidence’ in cases of professional misconduct.
Who typically bears the burden of proof in tribunal proceedings?
The party who initiates the proceeding
Legislation may reverse the burden of proof in certain cases.
What happens to the burden of proof when an applicant is denied employment insurance benefits?
It switches to the government body
This is an example of legislation reversing the burden of proof.
Define a prima facie case.
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.
What is a directed verdict?
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.
What is a non-suit in legal terms?
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.
What is a presumption in legal context?
A fact taken to be true without formal proof
E.g. the presumption of innocence and mental competence.
What is the presumption of innocence?
The legal principle that one is considered innocent until proven guilty
This is a fundamental concept in criminal law.
What does the presumption of res ipsa loquitur imply?
The thing speaks for itself; a presumption that certain facts are self-evident
Example: Stevenson case with the snail in the bottle.
Are presumptions rebuttable or irrebuttable?
Presumptions are rebuttable
They can be challenged if the onus of proof is met.
What is a presumption of law?
A presumption that automatically applies as a matter of law
Example: presumed innocent until proven guilty.
What must the opposing side prove to challenge a presumption of mental competence?
They must prove the individual is not competent
This is an important aspect in determining legal capacity.
What is a presumption of fact?
A presumption that exists only upon proof of a basic fact
It does not apply automatically and requires evidence.
What is judicial notice?
A judge’s recognition of a fact without requiring a party to prove it
Judicial notice allows the judge to acknowledge certain facts that do not need formal proof.
What does judicial notice permit a judge to do?
Recognize or ‘take note of’ the existence of a particular fact without requiring formal proof
This process streamlines court proceedings by acknowledging widely accepted facts.
What is a notorious fact?
A fact that is so generally known and accepted that it may not reasonably be disputed
Notorious facts are considered common knowledge within a society.
What are the criteria a court may use to assess if a fact is notorious?
3 questions
- 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?
Courts evaluate the general acceptance and recognition of a fact in society.
What latitude do administrative tribunals have regarding judicial notice?
They have considered latitude in the exercise of judicial notice, referred to as ‘administrative notice’
This allows administrative bodies to recognize facts without formal proof in their proceedings.
What should the court have at its disposal regarding social interaction?
Scholarly studies and research
Decisions have long term affects on various areas of social interaction
