Class Two - Evidence and Proof

Question 1

What is a case theory?

Answer 1

• A narrative or explanation of the evidence contained in the evidence brief.
• Explains the WHAT, WHEN, HOW and WHY of the case

Question 2

What are Pennington and Hastie’s ‘four certainty principles’?

Answer 2

• Coherence
• Consistency
• Completeness
• Plausibility

Question 3

What is the relationship between the factual case and the legal case?

Answer 3

• The factual case must prove the ELEMENTS of the cause of action
• It must be LEGALLY SIGNIFICANT

Question 4

What should you be noting in your chronology?

Answer 4

• GAPS in knowledge or evidence
• DISPUTED facts or evidence
• Any INCONSISTENCIES in factual accounts
• Notes about ADMISSIBILITY

Question 5

What is the factual case?

Answer 5

• Encapsulates the theory of the case in a single factual proposition – to the effect that legal consequences have occurred
• e.g action for breach of contract, a defence to contributory negligence

Question 6

What is the legal case?

Answer 6

• A THEORY about what happened

- An EXPLANATION of the evidence