Burdens of Proof

Burdens of Proof

Persuasive Burden
1. The 'legal' burden
2. satisfying the court the appropriate standard of proof for each fact in issue
Evidential Burden
1. gather enough evidence for court to consider
Tactical Burden
1. The 'shifting burden
2. to rebut evidence with his own
Civil Burdens
1. On the one making the action
  1. Dickinson v Minister of Pensions
    1. No evidence lead
2. Statutory
  1. Buchanan v Price
    1. Education Act
3. Facts that should be known
  1. Burns v Royal Hotel
    1. How fire started
4. Re-butting a Presumption
  1. G v G's Trustees
    1. Childbearing
Criminal Burdens
1. Usually on the Prosecutor
2. Defence
  1. HMA v Mitchell
    1. Insanity
  2. Diminished Responsibilty
    1. Galbraith v HMA
      1. Battered Wife Syndrome
  3. R v Foye
    1. Does not affect Art 6
3. Special Defences
  1. Aliby
  2. Incrimination
  3. Self-defence
  4. Lambie v HMA
    1. Jury decides weight
4. Statutory
  1. King v Lees
    1. Delayed Breathalising
  2. Sheldrake v DPP
    1. Does not affect Art 6

Resource summary

	Created by 40055097 almost 11 years ago