Classic Classic Quiz Burden of Proof by Diamondsareforever Diamondsareforever 7 played - 9 yrs ago A quiz on the UK law regarding the burden of proof QUIZ 30 QUESTIONS expert 1 What is incidence? Where the burden liesDetermination of which party will win or lose the caseObligation to prove facts in issueNot being able to adduce enough evidence to persuade juryFacts in issue 2 Example of complicated civil law burden Insurance lawContract lawTrusts lawFamily lawTort law 3 Which of these is not a principle behind the burden of proof? Nature of adversarial proceedingsAssumption that person who makes claim should prove itCases don't involve lots of moneyRights based argumentsFairness 4 What is the seminal case on burden of proof? McNaughtonR v EdwardsR v HuntSalabiaku v FranceWoolmington v DPP 5 What was held after Woolmington? Only evidential burden on defence to raise issues such as self-defence etc.Once D had raised issue it was up to them to prove itThe prosecution only had to prove the mens reaThat new defences should be createdProsecution has no duty to prove that not acting in self defence 6 What is the evidential burden? Defence has to raise issuesEnough evidence to make live issue in caseProsecution has to prove that not acting under self-defenceOnly some evidence needs to be producedProsecution has to disprove something 7 What type of burden is there for defences after Woolmington? LegalTacticalPersuasiveEvidentialFactual 8 Which of these is not an exception to the Woolmington principle? InsanitySelf defenceStatutory exceptionsImplied statutory exceptionsMagistrates' Court Act, s 101 9 What protects the presumption of innocence? ECHR, art 6ECHR, art 2ECHR, art 8ECHR, art 10ECHR, art 4 10 Which case produced the rules on insanity? Woolmington v DPPR v EdwardsR v HuntSalubiaku v FranceMcNaughton 11 Which of these acts does not contain an express statutory exception? Offences Against the Person Act 1861Prevention of Crime Act 1953Homocide Act 1957Coroners and Justice Act 2009Criminal Justice and Immigration Act 2008 12 What percentage of Crown Court statutes departed from Woolmington according to research by Ashworth & Blake in 1996? 40%20%19%96%30% 13 Which section of the Magistrates' Court Act 1980 contains an statutory exception? S 19S 75S 27S 101S 87 14 What is an example of a pre-Woolmington imposing of a burden on defence by implication? AssaultMurderDiminished responsibilityManslaughterGame laws 15 In which case did the Court of Appeal hold that there was a general principle the same as the one in the Magistrates' court operating in the Crown Court? R v EdwardsR v HuntWoolmington v DPPSalabiaku v FranceR v DPP ex parte Kebilene 16 In which case did the House of Lords affirm this? Salabiaku v FranceR v HuntR v EdwardsR v DPP ex parte KebileneLambert, Ali & Jordan 17 What percentage does morphine have to be above to be illegal? 0.1%0.9%0.8%0.2%0.7% 18 What type of statutes may make it easier to place a burden on the defendant? CriminalCivilRegulatory 19 Which case held that the state must confine any reverse onuses within reasonable limits and take account of the importance of what is at stake? R v DPP ex parte KebileneSalabiaku v FranceLambert, Ali & JordanSheldrakeAttorney General's Reference No 2 of 2002 20 Which case held that once the Human Rights Act was in force the courts may have to construe legal burdens as evidential? Woolmington v DPPR v DPP ex parte KebileneLambert, Ali & JordanSheldrakeAttorney General's Reference No 2 of 2002 21 From what year did the House of Lords start to give more weight to the presumption of innocence and less to Parliaments' intention? 20052002192820012011 22 Which case held that there was an evidential burden only to show that the defendant didn't know the contents of what he was carrying (s 28 possession of a controlled drug with intent to supply)? LambertSheldrakeAttorney Generals Reference No 2 of 2002Woolmington v DPPMcNaughton 23 In which case was it held that although there was a breach of Art 6 given the aim of preventing death it did not go beyond reasonable limits? LambertAttorney General's Reference No 2 of 2002Woolmington v DPPMcNaughtonSheldrake 24 Which Act was in issue in Attorney General's Reference No 2 of 2002? Terrorism ActRoad Traffic ActMagistrates' Court ActCoroners and Justice ActCriminal Justice and Immigration Act 25 What was the decision ration in Attorney General's Reference No 2 of 2002? 3 : 24 : 15 : 0 26 What section of the Coroners and Justice Act 2009 contains the defence of provocation? S 20(9)S 54(5)S 12S 17(4)S 20(5) 27 Example of the tactical burden? Whether to put client in witness boxGame lawsMagistrates' court actBurden on defendant to explain why he didn't speakRight to silence 28 Which of these is not a common law defence on which the burden shifts? ProvocationInsanityDuressSelf DefenceNon-insane automatism 29 In which case did the Court of Appeal hold that it wasn't disproportionate to make the defendant responsible? Attorney General's Reference No 2 of 2002Lambert, Ali & JordanSheldrakeWoolmington v DPPMcNaughton 30 What did the case of Hunt clearly fall within? S 1S 2S 3S 101S 12 A mistake in this Quiz ? Contact the author Commentaires
