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Quiz Burden of Proof

7 played - 8 yrs ago
A quiz on the UK law regarding the burden of proof
 
QUIZ 30 QUESTIONS
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1

What is incidence?

2

Example of complicated civil law burden

3

Which of these is not a principle behind the burden of proof?

4

What is the seminal case on burden of proof?

5

What was held after Woolmington?

6

What is the evidential burden?

7

What type of burden is there for defences after Woolmington?

8

Which of these is not an exception to the Woolmington principle?

9

What protects the presumption of innocence?

10

Which case produced the rules on insanity?

11

Which of these acts does not contain an express statutory exception?

12

What percentage of Crown Court statutes departed from Woolmington according to research by Ashworth & Blake in 1996?

13

Which section of the Magistrates' Court Act 1980 contains an statutory exception?

14

What is an example of a pre-Woolmington imposing of a burden on defence by implication?

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?

16

In which case did the House of Lords affirm this?

17

What percentage does morphine have to be above to be illegal?

18

What type of statutes may make it easier to place a burden on the defendant?

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?

20

Which case held that once the Human Rights Act was in force the courts may have to construe legal burdens as evidential?

21

From what year did the House of Lords start to give more weight to the presumption of innocence and less to Parliaments' intention?

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)?

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?

24

Which Act was in issue in Attorney General's Reference No 2 of 2002?

25

What was the decision ration in Attorney General's Reference No 2 of 2002?

26

What section of the Coroners and Justice Act 2009 contains the defence of provocation?

27

Example of the tactical burden?

28

Which of these is not a common law defence on which the burden shifts?

29

In which case did the Court of Appeal hold that it wasn't disproportionate to make the defendant responsible?

30

What did the case of Hunt clearly fall within?


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