Legal and Evidential Burdens Flashcards
Who holds the legal burden of proving the elements of an offence in a criminal trial?
A. The defendant
B. The judge
C. The jury
D. The prosecution
D. The prosecution
Explanation: The prosecution must prove all elements of the offence beyond reasonable doubt.
What is the standard of proof for the defence when proving insanity?
A. Beyond reasonable doubt
B. Clear and convincing evidence
C. Balance of probabilities
D. Presumption of innocence
C. Balance of probabilities
Explanation: When the defence bears the legal burden (as with insanity), the standard is the civil one: more likely than not.
Which of the following best defines the evidential burden?
A. Proving a fact to the court
B. Raising an issue before the court
C. Making legal arguments to the jury
D. Convincing the court to strike out the case
B. Raising an issue before the court
Explanation: The evidential burden requires introducing enough evidence so the issue can be considered by the jury.
In which of the following defences does the defence bear the legal burden?
A. Alibi
B. Self-defence
C. Duress
D. Insanity
D. Insanity
Explanation: The defence bears both the legal and evidential burden for insanity and must prove it on the balance of probabilities.
A defendant claims self-defence after being charged with assault. What must the defence do for self-defence to be considered by the jury?
A. Prove self-defence beyond reasonable doubt
B. Nothing – the court must consider all defences
C. Raise some evidence of self-defence
D. Prove the other person provoked the incident
C. Raise some evidence of self-defence
Explanation: Self-defence imposes only an evidential burden on the defence. The prosecution then must disprove it beyond reasonable doubt.
In a burglary trial, the prosecution forgets to call any evidence that the defendant was a trespasser. What is the correct outcome?
A. The judge gives directions to the jury
B. The defendant must prove they had permission
C. The jury decides if D was a trespasser
D. The judge dismisses the case for lack of evidence
D. The judge dismisses the case for lack of evidence
Explanation: The prosecution failed to meet the evidential burden on a key element. The judge must intervene as a matter of law.
Which of the following is true of a defendant raising an alibi defence?
A. The defendant must prove the alibi beyond reasonable doubt
B. The judge must reject the alibi unless it is supported by a witness
C. The prosecution must disprove the alibi beyond reasonable doubt
D. The jury cannot consider alibi without supporting evidence
C. The prosecution must disprove the alibi beyond reasonable doubt
Explanation: The defence does not bear the legal burden for alibi; the prosecution retains it throughout.
The prosecution alleges theft, and the defendant admits to taking the item but says he intended to pay. Who has the burden to prove dishonesty?
A. The defence
B. The judge
C. The prosecution
D. Shared between both parties
C. The prosecution
Explanation: Dishonesty is a key element of theft and must be proved by the prosecution beyond reasonable doubt.
In a murder case, the defendant raises the defence of diminished responsibility. What burden does the defence carry?
A. None
B. Legal burden only
C. Evidential burden only
D. Both legal and evidential burden
D. Both legal and evidential burden
Explanation: Diminished responsibility, like insanity, places both burdens on the defence, and must be proven on the balance of probabilities.
In an assault trial, the defendant raises self-defence and gives evidence. What must the jury be told?
A. The defendant must prove self-defence
B. The jury should ignore the self-defence argument
C. The burden shifts to the judge
D. The prosecution must disprove self-defence beyond reasonable doubt
D. The prosecution must disprove self-defence beyond reasonable doubt
Explanation: Once raised with some evidence, the burden is on the prosecution to prove that the force used was not lawful.
Which of the following statements about legal and evidential burdens is correct?
A. The defence always bears both burdens
B. The legal and evidential burdens are always on the prosecution
C. The legal burden includes an evidential burden
D. The evidential burden requires proof beyond reasonable doubt
C. The legal burden includes an evidential burden
Explanation: If a party bears the legal burden, they must also satisfy the evidential burden to even get the issue before the tribunal of fact.
In which scenario would a defence acquire a legal burden?
A. When disputing the prosecution’s timeline
B. When raising the defence of insanity
C. When questioning identification evidence
D. When claiming self-defence
B. When raising the defence of insanity
Explanation: The defence has a legal and evidential burden when claiming insanity. In contrast, self-defence only carries an evidential burden.
