Chapter 1 2 3

Questão	Responda
charge to the jury 2 pts	-judge's instructions to jury, before jury begins deliberations, - regarding applicable law, standard of proof, and available defences
voir dire 4 pts	-mini trial, -trial within trial, -determine admissibility of evidence -trier of fact absent
trier of fact 2pts	-person in trial who assesses evidence & renders verdict -in a jury trial, the jury
trier of law 4 pts	-person in trial who controls process. -determines admissibility of evidence, -instructs trier of fact on applicable law -in a jury trial- the judge
adversarial system	-judicial process in which parties present evidence before impartial decision-maker, who then makes a decision in the case
Judicial discretion	-judge's freedom to apply rules/decide issues in context of a case
principled approach	method of applying rules of evidence by reference to the policy underlying the rules
admissible evidence	evidence that may be considered by the trier of fact
excluded evidence	evidence that cannot be considered by the trier of fact
hearsay evidence 2 pts	-evidence given by witness based on info received from others rather than personal knowledge; -generally considered inadmissible
administrative tribunals 3 pts	-decision-making bodies. -similar to courts, - rule on regulatory disputes
natural justice	-fundamental legal principle entitling a person to a fair and unbiased hearing
burden of proof	-party's obligation to prove certain facts/matters in issue
rebut	-present opposing evidence/arguments
air of reality test	-test of whether defence to a charge is reasonable in light of evidence
beyond a reasonable doubt	-very high standard of proof in criminal matters
balance of probabilities 3 pts	-standard of proof in civil matters -determined on basis of more likely than not -50 +1%
prima facie case	-case in which there is sufficient proof on Its face that no further proof is required for a party to succeed
directed verdict	-judge directs the accused be acquitted because the crown has not made a prima facie case
non-suit	-judge directs dismissal of the case because plaintiff has failed to meet a prima facie case
presumption	-fact that is taken to be true without requirement of formal proof
reverse onus	situation where obligation to prove a fact is shifted from Crown to accused
Judicial notice	-judge's recognition of fact without requiring a party to prove it
notorious fact	-fact that is so generally known & accepted that it may not reasonably be disputed
Role of Evidence Law	-establishes principles to exclude facts that may not be HELPFUL/may be HARMFUL in fair determination of the case. -limit VOLUME of information put to trier of fact so proceedings are manageable
3 components of a presumption	1. Crown must prove basic fact, 2. The presumed fact follows on proof of basic fact. 3. accused can rebut presumption by disproving or raising doubt about the basic fact.

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	Criado por Penny-Ann Lupton mais de 9 anos atrás