Chapter 2 Self-test questions

Chapter 2 Self-test questions

Burden of proof and presumptions

Quiz Content

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. Complete the following sentence: 'R v Lobell (1957) is authority for the proposition that where the defendant pleads self-defence …'

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. Which of the following statements best summarises the decision in Woolmington v DPP (1935)?

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. Which of the following statements gives a correct account of the judgement in R v Hunt (1987) in cases where the courts have to decide whether the statute requires a shift of the burden of proof?

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. From the following facts identify the correct case out of the list below:
The defendant was charged with breaching provisions of the Health and Safety at Work Act 1974 following an accident in which an employee who was driving a dumper truck was killed when the lorry load fell on him. The House of Lords considered the allocation of the burden of proving the statutory defence, that it was not reasonably practicable for the employer to do more than in fact was done. The House held that it was for the defendant employer to prove it was not reasonably practicable to provide safe conditions.

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. According to Dennis (2005, p908-916) there are a number of factors for the courts to consider in deciding whether a reverse burden should apply. Which of the following statements accurately reflects this?

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. Dennis (2005 p920) refers to a 'foundational principle' in relation to the allocation of the burden of proof. Which of the following best describes this principle?

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. Which of the following statements is correct?

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. To which case does the following factual scenario apply? A civil servant was charged under the Official Secrets Act 1989, having handed to an MP's researcher a copy of a letter from the PM to the US President. The Act required the defendant to prove that he did not know and had no reasonable cause to believe the disclosure of the secret information would be damaging. The trial judge concluded that the Act infringed the presumption of innocence but this was justified in the circumstances. The Appeal Court allowed the defendant's appeal.

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. One of the following cases was decided in the House of Lords. Which one is it?

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