,LEV3701 Assignment 2 QUIZ (COMPLETE ANSWERS)
Semester 1 2025 (206033) - DUE 18 April 2025 ..WE WISH
YOU ALL THE BEST
Question 1
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Question text
Consider the following statements regarding the onus of proof in
criminal and civil matters and choose the correct option:
A.
The onus of proof rests on the state throughout a criminal trial,
but the evidentiary burden sometimes shifts onto the accused,
for instance when the state has established a good prima facie
case.
B.
The incidence of the onus of proof is an issue that is determined
by the procedural law.
C.
In both criminal and civil cases, the evidentiary burden is only
relevant at the end of a trial.
D.
In criminal cases, the state always bears the onus of proof
regarding all issues and defences.
Clear my choice
Question 2
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, Question text
A shoots and kills his wife’s lover in his wife’s presence and is
subsequently charged with murder. A's wife is a witness. A's
wife is ...
A.
both an identifying witness and a single witness.
B.
incompetent to testify on behalf of the state.
C.
only a single witness.
D.
only an identifying witness.
Clear my choice
Question 1:
Correct Option: A
Explanation:
The onus of proof typically rests on the state throughout a
criminal trial. However, in some circumstances, the evidentiary
burden may shift onto the accused, especially when the state
has established a prima facie (sufficient) case against the
accused. A prima facie case means that there is enough
evidence for a reasonable person to believe the accused may be
guilty, which then requires the accused to provide evidence to
the contrary.
Option B is incorrect because the onus of proof is
governed by substantive law, not procedural law.
Option C is incorrect because the evidentiary burden is
relevant throughout the trial, not just at the end.
Semester 1 2025 (206033) - DUE 18 April 2025 ..WE WISH
YOU ALL THE BEST
Question 1
Not yet answered
Marked out of 1.00
Flag question
Question text
Consider the following statements regarding the onus of proof in
criminal and civil matters and choose the correct option:
A.
The onus of proof rests on the state throughout a criminal trial,
but the evidentiary burden sometimes shifts onto the accused,
for instance when the state has established a good prima facie
case.
B.
The incidence of the onus of proof is an issue that is determined
by the procedural law.
C.
In both criminal and civil cases, the evidentiary burden is only
relevant at the end of a trial.
D.
In criminal cases, the state always bears the onus of proof
regarding all issues and defences.
Clear my choice
Question 2
Not yet answered
Marked out of 1.00
Flag question
, Question text
A shoots and kills his wife’s lover in his wife’s presence and is
subsequently charged with murder. A's wife is a witness. A's
wife is ...
A.
both an identifying witness and a single witness.
B.
incompetent to testify on behalf of the state.
C.
only a single witness.
D.
only an identifying witness.
Clear my choice
Question 1:
Correct Option: A
Explanation:
The onus of proof typically rests on the state throughout a
criminal trial. However, in some circumstances, the evidentiary
burden may shift onto the accused, especially when the state
has established a prima facie (sufficient) case against the
accused. A prima facie case means that there is enough
evidence for a reasonable person to believe the accused may be
guilty, which then requires the accused to provide evidence to
the contrary.
Option B is incorrect because the onus of proof is
governed by substantive law, not procedural law.
Option C is incorrect because the evidentiary burden is
relevant throughout the trial, not just at the end.
