Presumptions

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  • Created by: Emma13
  • Created on: 19-05-16 08:28
What are presumptions?
Courts will make certain presumptions/assumptions about the law, these are a starting point.
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When will presumptions not apply?
If the statue states the opposite then they will not apply.
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What is the presumption against a change in the common law?
This is where it is assumed that the common law will apply unless Parliament has made it plain in the Act that the common law has been altered.
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Which case illustrates this presumption?
Leach v R (wife giving evidence)
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What is the presumption that 'mens rea' is required in criminal cases?
The basic common law - no one can be convicted of a crime unless it is shown that they had the required intention to commit it.
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What case illustrates this presumption?
Sweet v Parsley
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What is the presumption that legislation doesn't apply retrospectively?
No Act of Parliament will apply to past happenings.
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What is the last presumption?
A presumption that the Crown is not bound by any statue unless the statue expressly says so.
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Other cards in this set

Card 2

Front

When will presumptions not apply?

Back

If the statue states the opposite then they will not apply.

Card 3

Front

What is the presumption against a change in the common law?

Back

Preview of the front of card 3

Card 4

Front

Which case illustrates this presumption?

Back

Preview of the front of card 4

Card 5

Front

What is the presumption that 'mens rea' is required in criminal cases?

Back

Preview of the front of card 5
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