The Principal Rules of Evidence in Criminal and Civil Trials and Their Essay

The Principal Rules of Evidence in Criminal and Civil Trials and Their Legal Basis - Essay Example The development of the rules can trace its development back to the 16th century when the earliest juries could not even be said to be neutral triers of fact based upon their immediate knowledge of the dispute before the court. The law of evidence recognises two principal burdens that are the legal and evidential burden. The legal burden will put the responsibility on the party to prove a fact in issue. Whether a party has discharged the legal burden is something the tribunal of fact will decide and is also known as the persuasive burden and the burden of proof. The evidential burden is the obligation on a party to adduce sufficient evidence to raise a fact in issue and this is something that the judge will decide. A party bearing legal burden can also sometimes be bearing the evidential burden. The standard of proof is the degree of persuasiveness which is required of the evidence as adduced by a party in order to discharge a burden borne by them. The presumption of innocence in crim inal law denotes that, the prosecution will have to prove each element beyond a reasonable doubt. The general rule is that the prosecution which brings proceedings against a defendant will bear the legal and evidential burden. However, where the defence bears the legal burden in relation to a fact in issue in a criminal trial the standard of proof is the balance of probabilities. (R v Carr-Briant 1943 KB 607).However, where the prosecution or the defence bears the legal burden on an issue the evidential burden may be described as the obligation to adduce such evidence as would be sufficient to justify a possibility in a finding by the jury in their favour. According to the case of Batty v AG for Northern Ireland 1963 AC 386 HL where the defendant bears the evidential burden alone he must adduce such evidence as would if believed and left uncontradicted induce reasonable doubt in the mind of the jury.  

The Social Impact of Automobile Essay Example | Topics and Well Written Essays - 1500 words

The Social Impact of Automobile - Essay Example We are popular with possession of the right product, and, at the same time, own our individuality. The car has moved far from being just a tool of convenience or necessity, it has come to life within our minds and our culture. The intricate psychological reasoning for these insecurities is as varied as the individuals themselves. â€Å"Every adult life could be said to be defined by two great love stories. The first – the story of our quest for sexual love – is well known and well-charted. The second – the story of our quest for love from the world – is a more secret and shameful tale. And yet this second love story is no less intense than the first.† (de Botton, 2004). De Botton’s research for possible cures to â€Å"status anxiety† leads to the idea that the admission of ones mortality puts into perspective elements of status, such as careers, possessions, appearance and fame. (Jutkins, 2006). Life experiences that frustrate the fulfillment of people’s basic needs such as independence, competence and interrelationships result in feelings that lead to differing levels of materialistic pursuits. This tendency is especially heightened under the curren t atmosphere of cultural consumerism. To deal with cultural pressures and their effects, people may resort to what psychologist term as compensatory consumption. That is, consuming even more to feel better. â€Å"This is ironic because this additional consumption often stems from the culture of consumerism itself.† (Kasser, Kanner, 2004, p. 16). The market has positioned the most physical of products such as cars, in ways that provide a kind of healing to consumers. Consumers have been drawn into a self-willed daze by an assault of feel-better-about-yourself advertising. The purchase of what we perceive others believe as beautiful possessions enable us to feel significant and worthwhile, at least for a short time. (Davis, 2002). People buy for recognition from family, friends and