Lecture 4.docx

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Comm 304
Balbinder S.Deo

Week Two Lecture #4  Pre-trial, get as much information as you can , it is very important that when you are talking to a lawyer in pre-trial, you shouldn’t edit what you tell them, because you don’t know what could be legally important (something trivial to you could be very important)  Eventually after pre-trial preceding, you will be coming to court, lawyer will inform you about the date  If you were the plaintiff, your lawyer is in a situation where your lawyer has to prove your case  In a civil case, your lawyer has to tip the scales, passed the balance point (50% or more)=proof on the balance of probabilities  The civil burden of proof=proof on the balance of probabilities=you are able to prove that it is more likely than not, that what you are saying is correct  If you can only prove it is AS likely as not, you are only at 50%, not enough  Proof beyond a reasonable doubt (close to 100%)=criminal case, the leftover doubt is due to biases, and unreasonable doubts that cannot be justifiable  Criminal burden of proof is way higher than it is for a civil case  In many cases the facts blend themselves in civil suits and criminal suits  In the criminal trial the prosecutors were unable to bring proof beyond a reasonable doubt (O.J. Simpson) so he was found guiltycharged with wrongful death  In the criminal case, you are trying to prove that the crown is not guilty  Criminal trials never try to prove innocence, only guilty and not guilty  Civil caseplaintiff, defendant, liable/not liable, , civil burden of proof, sued  Criminal caseprosecutor, accused, guilty/not guilty, proof beyond a reasonable charge, charged  When you go to trial, you end up in a court room, the lawyer in the courtroom, the plaintiff will open the case, what they say happened, what evidence they brought to prove certain things, when that is finished, it is up to the prosecutor or plaintiff to start calling witnesses (two kinds) o Witnesses that know things first hand, have heard or seen the information yourself o Hear-say evidence is when witness hears information from someone else (non admissible evidence)other side will immediately reject o Exception, an English case in which a women stagg
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