Judicial Decision-Making Flashcards
What is circumstantial evidence?
Evidence which even if accepted, provides only a basis from which a material fact can be inferred.
What is direct evidence?
Evidence from an eye witness that, if accepted, immediately proves a fact material to a party’s case.
What is meant by the “standard of proof”?
The degree of certainty or belief that is required of a fact-finder for a party’s version of facts to be accepted.
Give an example of a criminal trial where the standard of evidence has to be “beyond reasonable doubt”?
Darken v. The Queen 2006.
Give an example of a case which the standard of proof, that being “beyond reasonable doubt” can become problematic?
Victor v. Nebraska 1994.
Give an example of a civil matter (case) where the standard of evidence has to be proven “on the balance of probabilities”?
Davis v. Taylor 1974.
What is the “Briginshaw” standard of proof?
In a civil matter, where a decision will affect the livelihood of a person, the standard of evidence has to be proven to a “higher standard of proof” and that the judge must “feel an actual persuasion of its occurance”.
Which types of evidence are examples of primary evidence?
Direct Evidence.
Which types of evidence are examples of secondary evidence?
Circumstantial Evidence.
Hearsay Evidence.
What is the “Doctrine of Double Jeopardy”?
If a defendant has been tried for an offence and convicted or acquitted, they should not be exposed to the further jeopardy of a fresh prosecution arising out of the same facts.
How can a court avoid precedents?
- The precedent is distinguishable on its facts.
- The statement of law in the earlier case is too wide and should be confined to its facts.
- The statement in the earlier case is obiter dictum rather than ratio decidendi.
- The precedent should not be applied due to changed social conditions.
- The precedent was unsatisfactory.
- The precedent was wrongly decided.
