Legal burden of proof

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  • The Justification Of The Obiter Dicta Of Lambert

    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 accused will achieve the aim or objective of the Act in consideration, the reversal of burden will take place. The purpose of the test is that to prevent the infringement of Art 6(2) and had it not been for Article 6(2), there would not be such a test to justify a reversal of…

    Words: 2682 - Pages: 11
  • Argumentative Essay On Self Defence

    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…

    Words: 1530 - Pages: 6
  • Most Difficult Elements Of Defamation Essay

    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…

    Words: 932 - Pages: 4
  • Online Fraud Case Study

    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…

    Words: 1687 - Pages: 7
  • Analysis Of The Article 'Group Minds' By Dorris Lessing

    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…

    Words: 793 - Pages: 4
  • Burden Of Proof Case Study

    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…

    Words: 1059 - Pages: 4
  • Case Study: Southern Equities Corporation Ltd.

    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…

    Words: 1177 - Pages: 5
  • Straw Purchaser Analysis

    into account factors such as “evidence of guilt without the stipulation” and the sufficiency of the evidence when the error is removed. Brecht, 113 S.Ct. at 1722; Kotteakos, 66 S.Ct. at 1247 n.18. Only when the error “seriously affect[s] the fairness, integrity, or public reputation” of the proceedings, rendering a criminal trial a fundamentally unfair or unreliable vehicle for determining guilt or innocence, are a defendant’s substantial rights affected. Olano, 113 S.Ct. at 1779; See Neder, 119…

    Words: 987 - Pages: 4
  • Case Study: Anderson V. Ken Anderson

    The question arises that why he did this. He was not a personal acquaintance of Morton still he tried his best to prove him guilty. Berry Scheck, the lawyer of the innocence project said that “some people break rules just because they wanna win”. (CBS NEWS, 2014). The rule breaking is not easy for a common citizen because of the fear of law but there are departments that work with some kind of immunity for the legal work. Prosecutors also have the immunity from being investigated. That is why he…

    Words: 1048 - Pages: 4
  • Discrimination In Eliza's Essay

    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.…

    Words: 1278 - Pages: 5
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