CLJ 5 Evidence Semi-Finals Exam 2024
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janjanplaza30CLJ 5 Evidence Semi-Finals Exam 2024
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Powered by AIThe burden of proof remains unchanged because it is tied to the central fact in issue and remains with the party who asserts the claim or charge, ensuring continuity and fairness. In contrast, the burden of evidence may shift due to procedural developments, like new evidence or rebuttals, necessitating adaptability by both parties .
'Proof beyond reasonable doubt' is a stringent standard used in criminal cases to ensure a high level of certainty before convicting someone accused of a crime, reflecting the severity of potential loss of liberty. In contrast, 'preponderance of evidence' is a lower standard used in civil cases to decide on matters based on which side's evidence appears more convincing and is more likely true than not .
'Burden of proof' is the duty to establish the main fact in issue in a case, and it generally remains with the party who asserts a claim or charge. It never shifts throughout the proceedings . In contrast, 'burden of evidence' refers to the duty of presenting sufficient evidence to make or rebut a prima facie case. This burden can shift between parties depending on the proceedings' course, such as during cross-examinations or when rebuttals are introduced .
Yes, circumstantial evidence can be sufficient for a conviction, provided it meets certain criteria: there must be more than one circumstantial evidence; each piece of evidence supports a conclusion, and all circumstances combined lead to a conviction beyond reasonable doubt .
An extrajudicial confession can serve as a basis for conviction only if corroborated by evidence of corpus delicti, meaning there must be additional evidence supporting the fact that a crime has occurred .
Direct examination involves questioning a witness by the party who called them to testify, focusing on issues favorable to that party. Cross-examination, however, is conducted by the opposing party, aiming to test the witness's accuracy, truthfulness, and possible bias .
Yes, disputable presumptions can be used to establish a defense, such as asserting presumed sanity or legal conduct during an act. These presumptions can be overcome by the opposing party presenting concrete and credible evidence countering the presumed fact, thereby tipping the balance away from the default assumption .
In legal proceedings, presumptions help guide the court by automatically assigning certain defaults based on typical circumstances, such as presuming innocence or lawful intent. Disputable presumptions can be rebutted by presenting counter-evidence, while conclusive presumptions are deemed irrefutable .
Re-direct examination aims to clarify or supplement a witness's testimony following cross-examination, allowing the presenting party to address any issues raised and strengthen their case. It offers a chance to mitigate any doubt cast during cross-examination .
The presumption of innocence establishes that a person is considered innocent until proven guilty. This presumption influences legal proceedings by placing the burden of proof on the prosecution, requiring them to overcome this presumption with compelling evidence .
