This chapter discusses how cases are processed in the Crown courts and trial by jury. It discusses the role and powers of the judge in relation to the management of cases, trial process and outcomes. It also discusses the jury system and how jury composition affects perceptions of the fairness and legitimacy of jury trial. Research about the impact of jury composition and juror attitudes on verdicts is discussed. The chapter goes on to consider whether key evidential rules unduly favour the defence or prosecution and attempts to further erode the practical significance of jury trial through the use of judge-only trials.
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Book
Lisa Mountford and Martin Hannibal
Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter discusses the allocation of the burden of proof in civil and criminal trials, depending on who should bear the risk. In criminal trials the ‘presumption of innocence’ means that the burden is on the prosecution, unless reversed by express or implied statutory provision. The law of evidence safeguards what in some jurisdictions is a civil right backed by the constitution. It is important to understand the difference between the legal and evidential burden and the occasions where they are separately allocated. Tricky areas are where there is a divorce of the legal and evidential burden, primarily in situations where the prosecution cannot expect to put up evidence to anticipate every specific defence the accused may present.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Chapter
This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 (HRA) on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examSination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. The leading cases on the standard of proof in civil cases are reviewed.
Chapter
This chapter, which focuses on the admissibility and evidential worth of character evidence, explains the definition of bad character under the Criminal Justice Act 2003 (CJA). It examines how bad character evidence of the defendant may be admitted through one of the ‘gateways’ under the Act. It reviews the evidential worth of the character evidence if admitted and explains the difference between propensity and credibility. The law on the admissibility of the bad character of non-defendant witnesses is explained and the reasons for a more protective stance highlighted. The chapter concludes with a review of the admissibility of good character evidence, governed by the common law.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Chapter
Cases can readily be won or lost on the strength of witness evidence at trial. Important applications may fail if a witness statement does not adequately deal with all of the issues. A legal representative, therefore, must understand both the underlying theory behind the use of witness evidence and documentation during the course of litigation, including the rules on hearsay, and the practical requirements and challenges encountered in the preparation of witness statements. This chapter discusses the use of evidence at trial; the preparation of witness statements for interim applications and at trial; the use of hearsay in civil cases; and evidential tools.
Chapter
This chapter, which focuses on the admissibility and evidential worth of character evidence, explains the definition of bad character under the Criminal Justice Act 2003. It examines how bad character evidence of the defendant may be admitted through one of the ‘gateways’ under the Act. It reviews the evidential worth of the character evidence if admitted and explains the difference between propensity and credibility. The law on the admissibility of the bad character of non-defendant witnesses is explained. The chapter concludes with the admissibility of good character evidence, governed by the common law.
Chapter
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape, as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.
Chapter
This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.
Chapter
This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each of the parties on the various facts in issue in any given case. The chapter also considers the standard of proof in criminal proceedings where the burden is on the prosecution and on the accused. The standard of proof in civil proceedings is also considered.
Chapter
Martin Hannibal and Lisa Mountford
Both prosecutors and defence lawyers must have a good understanding of the rules of criminal evidence and be able to apply the rules in a highly practical way to the issues in a case. This chapter provides a brief introduction to the main evidential rules which are considered further in later chapters. In particular, it addresses the following: the purpose of rules of evidence; the core concepts of relevance, admissibility, and weight; and the different types of evidence.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Barlow’s Will Trusts [1979] 1 WLR 278, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Chapter
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Chapter
This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.
Chapter
Robert Merkin, Séverine Saintier, and Jill Poole
Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. This chapter examines the doctrines of duress and undue influence, both of which provide a means for a person to avoid a concluded contract into which he entered due to threats or unfair pressures or influence exerted on him. It also looks at the circumstances in which the courts or Parliament have intervened to prevent one party from taking advantage of another. Duress refers to some form of coercion or threat to the person, property, or to a person’s financial interests (economic duress). Undue influence can arise if there is illegitimate pressure and abuse exerted by one party over the other (actual undue influence) or if something in the transaction is suspicious or calls for an explanation (evidential undue influence). The chapter also considers unconscionable bargaining, procedural and substantive unfairness, consumer legislation, and the link between unconscionability and undue influence.
Chapter
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: criminal and civil burdens of proof; the ‘legal burden of proof’ and the ‘evidential burden’; the ‘tactical burden’; the prosecution’s legal burden of proof in criminal cases; when the defendant in a criminal case bears the legal burden of proof; the standard of proof; the evidential burden; the judge’s ‘invisible burden’; the burden of proof when establishing the admissibility of evidence; presumptions and the incidence of the burden of proof; and reversal of the burden of proof and the European Convention on Human Rights.
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