Define 'just and equitable outcomes' and explain why it is important these concepts are upheld in Australia Flashcards
Just and equitable outcomes A just outcome is fair under the law, while an equitable outcome considers individual circumstances. Upholding these principle ensures fairness in Australia's legal system
What is the definition of ‘Onus of proof’?
The obligation to prove one’s assertion or the burden of proof in a legal context.
True or False: The Onus of proof always lies with the defendant in a criminal case.
False
In a civil case, who typically carries the Onus of proof?
The plaintiff.
What is meant by ‘Standard of proof’?
The level of certainty and the degree of evidence necessary to establish proof in a legal proceeding.
Fill in the blank: The standard of proof in criminal cases is generally _____ reasonable doubt.
beyond
What is the standard of proof required in civil cases?
Preponderance of the evidence.
True or False: The standard of proof is the same in both civil and criminal cases.
False
What does ‘Beyond reasonable doubt’ signify?
A high level of certainty that leaves no reasonable doubt in the mind of a reasonable person about the defendant’s guilt.
Who bears the Onus of proof in a criminal trial?
The prosecution.
What is the consequence if the prosecution fails to meet the Standard of proof?
The defendant is presumed innocent and may be acquitted.
Multiple Choice: Which of the following is a higher standard of proof? A) Preponderance of the evidence B) Beyond reasonable doubt
B) Beyond reasonable doubt
What does ‘Preponderance of the evidence’ mean?
The evidence indicates that something is more likely true than not.
True or False: In criminal cases, a verdict of guilty must be reached by unanimous decision.
True
Fill in the blank: The Onus of proof can shift during a trial based on _____ presented.
evidence
In what type of legal case is the ‘Standard of proof’ typically lower?
Civil cases.
What is the primary purpose of the Onus of proof?
To ensure that claims are substantiated by evidence.
Multiple Choice: Which of the following describes a ‘reasonable doubt’? A) A speculative doubt B) A doubt based on logic and reason
B) A doubt based on logic and reason
What happens if there is a reasonable doubt in a criminal case?
The jury must acquit the defendant.
True or False: The Onus of proof applies only in criminal law.
False
What is one way the Standard of proof differs between civil and criminal law?
Criminal law requires proof beyond reasonable doubt, while civil law requires proof by a preponderance of the evidence.
Fill in the blank: The burden of proof is a fundamental principle in _____ law.
criminal
What is the significance of the presumption of innocence in relation to the Onus of proof?
It places the burden on the prosecution to prove guilt rather than on the defendant to prove innocence.
Multiple Choice: Which phrase best describes ‘Standard of proof’? A) The amount of evidence required B) The type of evidence required
A) The amount of evidence required
In legal proceedings, what does the term ‘burden of persuasion’ refer to?
The obligation to convince the judge or jury of the truth of the claims made.
