Mock Trials Topic Test Flashcards
(39 cards)
Trial Procedure
- Opening Address
- Prosecution presents their case
- Defense presents their case
- 10 minute recess
- Closing Addresses
Opening Addresses
a. Prosecution / Plaintiff appears first
b. Notice of Appearance (Introduce yourself, the other barrister, and your instructor solicitor). Referred to as a ‘learned’ friend or colleague
c. Overview of the charge / claim
d. Overview of the evidence that you intend to adduce (to cite as evidence)
Prosecution presents their case
a. 2 witnesses
i. Evidence / Examination in Chief (getting all the witness statements read into court) – You CANNOT ASK LEADING QUESTIONS.
ii. Defense get to cross-examine the witness (test the evidence, find weaknesses, loopholes, inconsistencies) – You CAN ASK LEADING QUESTIONS.
iii. Re-examination – Prosecutor gets to clarify any issues that were raised in cross-examination – You CAN ASK LEADING QUESTIONS
Defense presents their case
a. 2 witnesses
i. Evidence / Examination in Chief (defense)
ii. Cross-examination (prosecution)
iii. Re-examination (defense)
10 minute recess
a. Barrister 2 prepares Closing Address
b. Solicitor presents notes to Judge
Closing Addresses
a. Burden and standard of proof required
b. Summarize the strong aspects of your case and point out the flaws in the other sides’ case.
Burden/onus of proof
o Criminal – Rests with the prosecution
o Civil – Rests with the plaintiff
Standard of proof
o Criminal: “Beyond Reasonable Doubt” (This is the highest standard of proof known to the law).
o Civil: “On the Balance of Probabilities” (It is more likely than not that the case has been proven).
Evidence
o The decision made in court can only ever been based on evidence presented to it.
o Evidence is what a witness has SEEN, HEARD, TOUCHED, TASTED, or SMELLED.
Evidence might be oral or physical (object, report, map, picture, photograph – are tendered as exhibits)
There are strict rules of evidence that must be followed for the trial to be considered fair.
Rules of evidence
- RELEVANCE: Only relevant evidence is admissible – to be relevant, it must be evidence that is in dispute between two parties.
- OPINION: Giving an opinion is not admissible unless the witness is an expert in that field. But it is admissible if the opinion is based on everyday experience.
- HEARSAY: This is when a witness gives evidence of something they heard another person say. This evidence is said to be second hand. This is not admissible.
- LEADING QUESTIONS: Leading questions are NOT allowed during evidence in chief but are allowed (and in fact are essential) during cross-examination and re-examination.
- Brown and Dunn Rule: This relates to the cross-examination to ensure fairness for the accused. Ensures witnesses are given the chance to explain the evidence that they give that may discredit themselves, or that an opposing party has forced out of them so that they can use it to discredit the witness.
Role of Courts
Only courts can adjudicate disputes and resolve them according to law.
Judicial Power – the power to make legally binding decisions.
Courts are required to interpret statute law and common law when deciding on specific cases.
Justice
is an ancient concept
Natural justice has 4 components:
Impartial adjudicator (judge and jury)
Both parties attend the hearing
Decisions are based on evidence
Transparency (open trials – creates public confidence)
Averserial system
magna carta introduced the concept of jury trials. now there are battles between prosecution and defense, as well as a judge.
4 types of criminal disputes
Crimes against the person (assault)
Crimes against property (theft)
Crimes against public standards (drunk & disorderly in public)
Crimes against the nation and legal system (terrorism / perjury
5 types of civil law
Law of Tort (Tort means wrong) – negligence, nuisance, defamation.
Contract Law – contracts are agreements between 2 parties.
Workplace laws
Health and Safety Law
Family Law
What is the role of courts in the legal system?
Only courts can adjudicate disputes and resolve them according to law
Judicial Power – the power to make legally binding decisions.
What are the four components of natural justice?
- Impartial adjudicator (judge and jury)
- Both parties attend the hearing
- Decisions are based on evidence
- Transparency (open trials – creates public confidence)
What historical document introduced the concept of jury trials in England?
Magna Carta (1215)
What is the difference between criminal law and civil law?
- Criminal law: resolves disputes between the government and an individual/s
- Civil law: resolves disputes between two private parties
List the four types of criminal disputes.
- Crimes against the person (assault)
- Crimes against property (theft)
- Crimes against public standards (drunk & disorderly in public)
- Crimes against the nation and legal system (terrorism / perjury)
What are the five types of civil law?
- Law of Tort (negligence, nuisance, defamation)
- Contract Law
- Workplace laws
- Health and Safety Law
- Family Law
Who bears the burden of proof in a criminal case?
The burden lies with the prosecution
Except when the accused raises a defence such as insanity, self-defence, or accident.
What is the standard of proof in a criminal case?
Beyond reasonable doubt
