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VICLegal StudiesQuick questions
Unit 3: Rights and justice
Quick questions on The burden and standard of proof in criminal and civil cases: VCE Legal Studies
9short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is the burden of proof?Show answer
The burden of proof is the obligation to prove the facts of the case. It tells you which party must convince the court.
What is the standard of proof?Show answer
The standard of proof is the degree to which a case must be proved. It tells you how convincing the evidence must be.
What are criminal cases?Show answer
The burden of proof rests on the prosecution. The accused is presumed innocent and does not have to prove anything (Woolmington v DPP [1935] AC 462, the source of the "golden thread" that the prosecution must prove guilt). This flows from the right to silence and the presumption of innocence protected by the Charter of Human Rights and Responsibilities Act 2006 (Vic) s 25(1).
What are civil cases?Show answer
The burden of proof rests on the plaintiff (the party bringing the action), because that party is the one making the claim. Where a defendant raises a defence or counterclaim, the defendant carries the burden of proving that matter.
What is criminal cases: beyond reasonable doubt?Show answer
The prosecution must prove each element of the offence beyond reasonable doubt. This is a high standard, reflecting the serious consequences of a criminal conviction (loss of liberty, criminal record). If the jury or magistrate has a reasonable doubt, the accused must be acquitted.
What are civil cases: the balance of probabilities?Show answer
The plaintiff must prove the case on the balance of probabilities, that is, that it is more likely than not (more than 50 percent likely) that the claim is made out. This is a lower standard than the criminal standard because the consequences (usually money or an order) are less severe. The standard is codified for Victorian civil proceedings in the Evidence Act 2008 (Vic) s 140, which lists matters the court may take into account, including the gravity of the matters alleged.
What is q1?Show answer
Define the burden of proof and state which party carries it in a criminal case and in a civil case. [3 marks]
What is q2?Show answer
Explain why the criminal standard of proof is higher than the civil standard. [3 marks]
What is q3?Show answer
A person is acquitted of assault but is later sued by the victim for the same conduct and found liable. Explain how this is possible. [3 marks]