Classic Classic Quiz Standard of Proof by Diamondsareforever Diamondsareforever 4 played - 9 yrs ago A quiz about the English law regarding the standard of proof in civil and criminal cases. QUIZ 18 QUESTIONS hard English 1 What is the standard of proof in criminal trials? Beyond reasonable doubtBalance of probabilitiesClear and convincing 2 What is the standard of proof in civil trials? Balance of probabilitiesBeyond reasonable doubtClear and convincing 3 Who argued for a higher standard in family cases that involve accusations of criminal behaviour? LaddieLawsDenningHaleSimmons 4 What is the US 3rd standard of proof? Balance of probabilitiesBeyond reasonable doubtClear and convincing 5 In which two cases did the House of Lords say that in relation to civil orders applications may need a heightened standard? McCann and Ors v Manchester Crown Court and Clingam & Royal Borough of Kensington and ChelseaR v Hayes & R v KembleR v Yusuf & McGaryCowan & GilbertSullivan & Rice v Connolly 6 Which of these is not an instance where you may not need to prove the fact? Partial admissionFormal admissionJudicial notice of factPresumptions 7 Which act allowed in formal admissions? Coroners and Justice Act 2009Criminal Justice Act 1967Criminal Justice Act 2003Youth Justice and Criminal Evidence Act 1999Homocide Act 1969 8 What is a formal admission? Admit a fact in issue and are bound by that and further evidence of it is not required and withdrawn only with leave of courtContested informal admissionStatement by party which is adverse to his caseFurther evidence as to why you made a particular statementFact is so obvious and non-contentious that judge can take notice of it and direct jury to treat as proven without further proof 9 What is an example of a formal admission? Human gestation period is longer than 2 weeksSteam rollers are made of steelAmsterdam is well-established center for drug traffickingChild born to wife during marriage when husband alive is legitimateStatement of earnings 10 What is judicial notice? Fact is so obvious and so non-contentious that judge can take notice of it and direct jury to treat as proven without further proofPresumption used in very strong sense to refer to presumption of innocenceReference made by the judge to the rules of evidenceRule of law under which if a party proves one fact then the second fact is taken to be provedSecondary fact presumed in favour of the party according them if no rebutting evidence agreed 11 Which of these is not an example of a fact to which judicial notice was taken? No evidence that a person was alive for 7 years then deadHuman gestation period is longer than 2 weeksSteam rollers are made out of steelAmsterdam is a well-established centre for drug trafficking 12 Where is the presumption of innocence found? Art 6(2)Art 7(1)Art 9(2)Art 1(1)Art 7(5) 13 What is an evidential presumption? Presumption of innocenceFact is so obvious and so non-contentious that judge can take notice of itAdmit a fact in issue and are bound by that and further evidence of it is not required and withdrawn only with leave of courtStatement by party which is adverse to his caseRule of law under which if a party proves one fact then the second fact is also taken to be proved 14 What is this presumption known as : child born to wife during marriage or after gestation after marriage where husband alive is presumed to be legitimate LegitimacyDeathMarriage 15 How long does someone have to be missing with no evidence of them being alive for there to be a presumption of death? 7 years6 years2 years9 months1 year 16 How old does a child have to be before they can be guilty of a criminal offence? 10141995 17 Which section of the Crime and Disorder Act 1998 abolished the presumption that a child aged 10-14 was incapable of forming mens rea? 341995166 18 Which section of the Sexual Offences Act 1993 abolished the presumption that a child under 14 was incapable of rape? 181953991 A mistake in this Quiz ? Contact the author Commentaires
