proof in civil cases Regarding civil common law cases the allocation of the burden is apparent from the statement of claim. If the claimant fails to prove any essential element of his
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Chapter
2. Burden of proof
Chapter
12. Skills for success in coursework assessments
magistrates. Generally speaking, cases are reported only if they change the existing body of case law in some way. A succinct summary of the facts of the case will be followed in the report
Chapter
2. Burden and standard of proof: Presumptions
lower than that in the case of the presumption of formal validity. In Re Peete, Peete v Crompton [1952] 2 All ER 599 the issue arose as to the essential validity of a formally valid
Chapter
10. Privilege and public policy
Caution! ■ Only attempt this question if you are familiar with the case law on informants in criminal cases. You must stress that there is a principle of non-disclosure and it is
Chapter
8. Identification, care warnings, and questioning at trial
that such a case should be withdrawn even if it did not meet the high standards of no case to answer set out in R v Galbraith (1981). In determining whether there is a case to answer
Chapter
5. Character evidence
proceedings to admit them. The fact that the evidence of bad character was not ‘essential’ to the prosecution case was not grounds for exclusion under s101(3). It was important to remember
Chapter
9. Examination and cross-examination
stand by his previous testimony. On the facts of this case, the previous inconsistent statement will help the defence’s case that Jennice lurched suddenly onto the road, possibly because
