Quiz Standard of Proof

Question 2 / 18

What is the standard of proof in civil trials?

Balance of probabilities

Beyond reasonable doubt

Clear and convincing

Question 3 / 18

Who argued for a higher standard in family cases that involve accusations of criminal behaviour?

Laddie

Laws

Denning

Hale

Simmons

Question 4 / 18

What is the US 3rd standard of proof?

Balance of probabilities

Beyond reasonable doubt

Clear and convincing

Question 5 / 18

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 Chelsea

R v Hayes & R v Kemble

R v Yusuf & McGary

Cowan & Gilbert

Sullivan & Rice v Connolly

Question 6 / 18

Which of these is not an instance where you may not need to prove the fact?

Partial admission

Formal admission

Judicial notice of fact

Presumptions

Question 7 / 18

Which act allowed in formal admissions?

Coroners and Justice Act 2009

Criminal Justice Act 1967

Criminal Justice Act 2003

Youth Justice and Criminal Evidence Act 1999

Homocide Act 1969

Question 8 / 18

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Admit a fact in issue and are bound by that and further evidence of it is not required and withdrawn only with leave of court

Contested informal admission

Statement by party which is adverse to his case

Further evidence as to why you made a particular statement

Fact is so obvious and non-contentious that judge can take notice of it and direct jury to treat as proven without further proof

Question 9 / 18

What is an example of a formal admission?

Human gestation period is longer than 2 weeks

Steam rollers are made of steel

Amsterdam is well-established center for drug trafficking

Child born to wife during marriage when husband alive is legitimate

Statement of earnings

Question 10 / 18

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 proof

Presumption used in very strong sense to refer to presumption of innocence

Reference made by the judge to the rules of evidence

Rule of law under which if a party proves one fact then the second fact is taken to be proved

Secondary fact presumed in favour of the party according them if no rebutting evidence agreed

Question 11 / 18

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 dead

Human gestation period is longer than 2 weeks

Steam rollers are made out of steel

Amsterdam is a well-established centre for drug trafficking

Question 12 / 18

Where is the presumption of innocence found?

Art 6(2)

Art 7(1)

Art 9(2)

Art 1(1)

Art 7(5)

Question 13 / 18

What is an evidential presumption?

Presumption of innocence

Fact is so obvious and so non-contentious that judge can take notice of it

Admit a fact in issue and are bound by that and further evidence of it is not required and withdrawn only with leave of court

Statement by party which is adverse to his case

Rule of law under which if a party proves one fact then the second fact is also taken to be proved

Question 14 / 18

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

Legitimacy

Death

Marriage

Question 15 / 18

How long does someone have to be missing with no evidence of them being alive for there to be a presumption of death?

7 years

6 years

2 years

9 months

1 year

Question 16 / 18

How old does a child have to be before they can be guilty of a criminal offence?

10

14

19

9

5

Question 17 / 18

Which section of the Crime and Disorder Act 1998 abolished the presumption that a child aged 10-14 was incapable of forming mens rea?

34

19

95

1

66

Question 18 / 18

Which section of the Sexual Offences Act 1993 abolished the presumption that a child under 14 was incapable of rape?

18

19

53

99

1