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Burdens of Proof
- Persuasive Burden
- The 'legal' burden
- satisfying the court the appropriate standard of proof for each fact in issue
- The 'legal' burden
- Evidential Burden
- gather enough evidence for court to consider
- gather enough evidence for court to consider
- Tactical Burden
- The 'shifting burden
- to rebut evidence with his own
- The 'shifting burden
- Civil Burdens
- On the one making the action
- Dickinson v Minister of Pensions
- No evidence lead
- No evidence lead
- Dickinson v Minister of Pensions
- Statutory
- Buchanan v Price
- Education Act
- Education Act
- Buchanan v Price
- Facts that should be known
- Burns v Royal Hotel
- How fire started
- How fire started
- Burns v Royal Hotel
- Re-butting a Presumption
- G v G's Trustees
- Childbearing
- Childbearing
- G v G's Trustees
- On the one making the action
- Criminal Burdens
- Usually on the Prosecutor
- Defence
- HMA v Mitchell
- Insanity
- Insanity
- Diminished Responsibilty
- Galbraith v HMA
- Battered Wife Syndrome
- Battered Wife Syndrome
- Galbraith v HMA
- R v Foye
- Does not affect Art 6
- Does not affect Art 6
- HMA v Mitchell
- Special Defences
- Aliby
- Incrimination
- Self-defence
- Lambie v HMA
- Jury decides weight
- Jury decides weight
- Aliby
- Statutory
- King v Lees
- Delayed Breathalising
- Delayed Breathalising
- Sheldrake v DPP
- Does not affect Art 6
- Does not affect Art 6
- King v Lees
- Usually on the Prosecutor
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