Download e-book for kindle: Beginning Evidence by Charanjit Singh

By Charanjit Singh

ISBN-10: 0415812313

ISBN-13: 9780415812313

Whether you’re new to raised schooling, coming to criminal learn for the 1st time or simply brooding about what Evidence Law is all approximately, Beginning Evidence is the suitable advent that can assist you hit the floor working. beginning with the fundamentals and an summary of every subject, it is going to assist you come to phrases with the constitution, subject matters and problems with the topic that you can start your facts module with confidence.

Adopting a transparent and straightforward technique with felony vocabulary defined in an in depth thesaurus, Charanjit Singh Landa breaks the topic of proof legislation down utilizing functional daily examples to make it comprehensible for somebody, no matter what their history. Diagrams and flowcharts simplify complicated matters, very important instances are pointed out and defined and on-the- spot questions assist you realize strength concerns or debates in the legislation that you can give a contribution in sessions with confidence.

Beginning Evidence is a perfect first creation to the topic for LLB, GDL or ILEX and particularly foreign scholars, these enrolled on distance studying classes or on different measure programmes.

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Extra info for Beginning Evidence

Example text

In short, the legal burden never shifts from one party to the other. The basic rule is: the burden placed on the prosecution will remain the same throughout the trial, however a possible legal burden may be imposed on the accused for example in relation to a defence they raise. The party that bears the legal burden of proof also bears the evidential burden of proof – there are a number of exceptions to this. On-the-spot question ? Summarise your understanding of the legal burden of proof. 21 22 Beginning Evidence The evidential burden of proof The parties to the proceedings may also bear an evidential burden.

Beyond reasonable doubt is not the same as ‘beyond the shadow of a doubt’ nor ‘on the balance of probabilities’. The latter is the standard of proof in civil proceedings and this is deemed as being too low for the purposes of rebutting the presumption of innocence. In Miller v Minister of Pensions [1947] 2 All ER 372 Lord Justice Denning confirmed that a criminal case must be proven beyond reasonable doubt and that nothing short of that would suffice. Misdirection’s by judges in terms of the standard required is often cause for appeal, for example using alternative terms such as ‘satisfied’ or ‘certain’ (see R v Hepworth (1955) 2 QB 600; R v Law (1961) Crim LR 52 and R v Gray (1974) 58 Cr App R 177).

In short, the legal burden never shifts from one party to the other. The basic rule is: the burden placed on the prosecution will remain the same throughout the trial, however a possible legal burden may be imposed on the accused for example in relation to a defence they raise. The party that bears the legal burden of proof also bears the evidential burden of proof – there are a number of exceptions to this. On-the-spot question ? Summarise your understanding of the legal burden of proof. 21 22 Beginning Evidence The evidential burden of proof The parties to the proceedings may also bear an evidential burden.

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Beginning Evidence by Charanjit Singh


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