Legal burden of proof

Self-defence On the 4th of April, 2016, a matter was heard in the Supreme Court regarding Nicolas Blyton and the co-accused, Tim Cairns, charged with the murder of Blyton’s father. The key legal issue that was addressed during the trial was the commonly invoked ground for the use of defensive force, self-defence. The relevant provisions of the Criminal Code 1899 (QLD) (‘The Code’) establishes a defence of self-defence covering the relevant circumstances in which the use of force can be used. In regards to the case at hand, s271 stipulates the use of self-defence against an unprovoked assault. These provisions will be analysed for relevancy and discussed throughout the essay. The burden which is placed on the Crown Prosecution must first…

The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the…

Law The Prosecution must prove beyond a reasonable doubt that the Defendant had assaulted the Complainant and that the assault was unlawful. The Code sets out that common assault occurs when one person assaults another and the assault was unlawful. Moreover, the Code defines assault, therein notably setting out two separate types of assault. The first was previously Battery under English common law and may adequately be described as striking, touching, moving of, or application of force of any…

Eliza has brought a claim against the ISP alleging that she is a victim of discrimination under Title VII of the Civil Rights Act. The basses of Eliza’s claim comes from the fact that the ISP refused to offer her light duty work after she informed them that she was pregnant. In order to prove that one was discriminated against under Title VII of the Civil Rights Act, one has to establish the prima facies elements which were set up in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct.…

Burden of Proof: Beyond A Reasonable Doubt If one is studying law, one should be familiar with the burden of proof and how it may be confusing to understand what beyond reasonable doubt is in criminal cases. If not, burden of proof is where the duty is placed upon a party to prove or disprove a disputed fact, or simply which party bears this burden. In a criminal case, the burden of proof is placed on the prosecution to prove its case beyond a reasonable doubt, which means the evidence presented…

treatment. In California the statue indicates that if there is any indication of maternal substance abuse it shall lead to an assessment of the needs of the mother and child." However, that "a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse and neglect. (C) I suppose in theory that the father or a relative could sue the mother for emotional damages. If the plaintiff can prove What is the evidentiary…

Dorris Lessing is a well-known British woman who is a very talented novelist who wrote the article “Group Minds”. In the article Lessing argues how it is in human nature to conform to the group even while knowing we can make our own decisions we continue to follow. Lessing’s states, “My mind is my own, my options are chosen by me, I am free to do as I will” (652). This quote portrays that this is the minds set of your average individual, but in reality these dreams fall short. In Dorris…

ISSUE Under Arkansas case law regarding the tort of fraud, does an online purchaser of a sword have a claim for actual fraud, when (1) the sword that the seller displayed online turned out to be a replica; (2) the seller was gifted the sword from his brother, and only pulled the sword from the sheathing once prior to placing it in storage; (3) the seller afforded the buyer the opportunity to inspect the sword prior to the sale but the buyer declined due to time constraints; (4) the seller…

Beyond a reasonable doubt is the highest burden used in the justice system. When the accused is tried in the court of law, he/she is innocent until proven guilty, until either the judge or jury has came to a conclusion on whether the accused should be acquitted or be proven guilty of the crime. A reasonable doubt in regards to the guilt of the defendant may be found in the evidence portrayed, or the shortage of evidence. If the evidence shown in court is very strong, and allows the jury or…

PRETLOVE: IMPROPERLY OBTAINED DOCUMENTS In Southern Equities Corporation Ltd (In Liquidation) & Ors v Bond & Ors , the Court was asked to determine whether the tendering of transcript from a previous hearing that went to the credit of the defendants was an abuse of the court’s process and should not be allowed. Lander J, the presiding Judge, undertook a lengthy analysis of the legislative provisions that provide for the admission of documents. Lander J ultimately found that the court has a…