Proving facts in court is an uncertain business. This book describes a model for proof of facts to throw some light on the subject and to make the task more systematic. This model for finding facts consists of four steps –
Starting point: burden of proof
Versions of truth
Probability of truth
Finishing point: standard of proof
Step 1. Starting Point: Burden of Proof
At the outset the legal system has to determine who is responsible for proving a case or parts of it. This covers the rule of law known either as the burden of proof or the onus of proof and known here as the starting point rule.
Step 2. Versions of Truth
Parties present their versions of truth to the court. They present what they assert are the true facts of their case.
Step 3. Probability of Truth
The court assesses how probable it is that each version is true. In this it is potentially aided by submissions from parties.
Step 4. Finishing Point: Standard of Proof
Previously in Step 3 the court has determined the probability that each party’s version of the facts is true. Here in Step 4 it measures that probability against the probability depicted by the standard of truth required by law. This standard is referred to in law as the standard of proof. This article also refers to it as the finishing point rule. If an initiating party (such as a plaintiff or prosecutor) has made out the required standard of proof they win their case. If they have not made it up to the standard, they lose. This is why the standard of proof is called a standard – it tells a party how probable their case must be for them to win.
This book describes a structured approach to legal research consisting of 12 steps. The idea is to present a step by step approach to legal research that is as foolproof as human endeavour can make it.
Vast numbers of statutes rule our lives. Many of them are not easy to read. Parts of some are almost impossible to read. This book sets out some ways of drafting statutes that makes them easier to read.
This book starts from the ground up to explain the logical structure and function of a privative clause. It then considers in a critical way the reasoning of the High Court. It points out aspects that need further attention because the court’s reasoning is unsatisfactory. It also points out relevant legal considerations that the court has so far overlooked.
The skill of interpreting a statute is important for one good reason – the outcome of a case commonly enough depends on how a court interprets an ambiguous provision in a statute. Yet despite the importance of interpreting statutes there have been no serious attempts so far to describe an effective method for performing the task.
Lawyers tend to be skills averse. They absorb some way of performing various tasks with law but without explicit or proper instruction. This lessens their ability to learn law as students and to work with law as legal practitioners. This book aims to rectify this problem.
This book is written as an underpinning of the author's book Legal Method. These methods describe how to organise law, form law (that is make and interpret law), use law (in litigation and transactions) and communicate law (by writing and reading).
There are numerous sources of law in Australia, which possesses sixteen legal systems, being the Commomwealth, six states and nine territories. The purpose of this book is to explain the nature of the sources of law used in these legal systems.
The primary purpose of this book is to provide law students with the text of constitutional legislation and documents. Law students need these in several types of courses. The obvious courses are introductory law courses as well as public law courses on constitutional law, administrative law and human rights.
The purpose of this book is to state the major principles of constitutional law in a simple and straightforward manner. It is designed as a first reader in the subject prior to attacking the intricacies of federal constitutional law later in a law course.
This book explains how to answers a problem question. It does this by providing a model. Naturally this model incorporates advice on how to perform the four fundamental skills that are needed to answer a problem question.