What is the legal burden of proof, placed on prosecution?
Beyond reasonable doubt
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What is the legal burden of proof, placed on defendant?
Balance of probabilities
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How was beyond reasonable doubt defined in Walters?
"Ordinary doubts" in everyday life OR jury must be sure relevant matter is proved
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Where will legal burden be triggered (on prosecution)?
If evidential burden is satisfied
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How is the evidential burden described in Schwartz (Canadian case)?
Put an issue into play by reference to evidence before court - so party just has to point out evidence to support existence of a fact
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Is there any need to prove anything in evidential burden?
No
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Give an example of where there was discussion of evidential burden
Ciccarelli: evidence must be 'beyond the fanciful or speculative' in order to satisfy evidential burden, so more than D's mere belief that V was consenting (i.e. evidence that D's belief was reasonable)
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What is the "tactical" burden?
This burden is placed on a party to avoid losing their case (e.g. if it looks like P is losing, D will have a tactical burden to satisfy its EB/raise reasonable doubt as to P's case)
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Other cards in this set
Card 2
Front
What is the legal burden of proof, placed on defendant?
Back
Balance of probabilities
Card 3
Front
How was beyond reasonable doubt defined in Walters?
Back
Card 4
Front
Where will legal burden be triggered (on prosecution)?
Back
Card 5
Front
How is the evidential burden described in Schwartz (Canadian case)?
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