Burden/standards of proof Flashcards
what is the burden of proof
the party who seeks to have an issue decided in their favour must adduce more evidence in favour of that issue than the other party adduces against it
Difference between the legal burden and evidential burden? And, is there an exception to who bears the legal burden in a criminal case and, if so, what would be the standard of proof?
the legal burden is having an issue decided in ones favour, the evidential burden is adducing enough evidence to have the issue decided in your favour. The Crown will bear the legal burden unless the issue is with respect to insanity, then, the accused will bear the legal burden and be required to discharge such on the balance of probabilities.
difference between the ultimate burden and the tactical burden?
if you discharge the legal burden on all issues you can make out ones case in law and win the case as a whole, whereas the tactical burden relates to winning a particular issue; because if you don’t lead evidence in rebuttal, it may be fatal to a case (Weissensteiner)
When can you submit that there is no case to answer?
If a party has led all their evidence in chief, regardless of how believable it is, it’s not enough to win the case for them.
criminal standard of proof
ultimate burden on the prosecution to prove the case beyond reasonable doubt. Woolmington v DPP
What is an accused required to do to defend a criminal case
raise a reasonable doubt
what is the test for no case to answer?
May v O’sullivan - if evidence is left unchallenged, it would mean that a jury could find a person guilty.
The Crown’s evidence is to be considered at its highest, however weak or tenuous.
what is the civil standard of proof and cite the principle
balance of probabilities. Briginshaw v Briginshaw
showing odds of at least 49 to 51 (Davies v Taylor)
in a common law civil case, does the standard of proof change if allegations of criminal conduct are made? What about under the UEA?
No, however, the trial judge will require more persuasion than normal to find on the balance of probabilities. Briginshaw v Briginshaw.
Under the UEA, no, it doesn’t change but the Court must consider the gravity of the matters alleged under 140(2)(c)
The ultimate burden in civil proceedings
plaintiff required to prove more likely than not
principle for a finely balanced civil case
if faced with competing improbable causes then it’s perfectly appropriate to find in favour of the defendant. Rhesa Shipping v. Edmunds
what are the four types of burdens of proof
Evidential; tactical; Legal; and, Ultimate
At common law, what is the general rule as to who bears the burden of proof?
He who asserts must prove.
If any accused leads evidence in their defence, what burden are they attempting to discharge (and what is the standard) and, as a result of raising a defence, what burden is the Crown then required to discharge and to what degree?
The evidential. The legal beyond a reasonable doubt.
In a criminal case where the accused propounds a defence, what burden must the accused discharge to prove that defence on the balance of probabilities and, in rebuttal, what burden must the crown discharge to rebut that defence; and to what standard?
Accused bears the evidential burden to make sure there is something before the court while the Crown bears the legal burden of adducing contradictory items to disprove that defence beyond a reasonable doubt.
