Trial Judgement

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PRECEDENT TERMS OF USE

All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

General

INTRODUCTION
OVERVIEW
BACKGROUND FACTS
organize by headers
Procedural facts
Undisputed facts
review of disputed evidence
ISSUES
List issues
POSITION OF THE PARTIES
ISSUE 1
ISSUE 2
ISSUE 3
ANALYSIS
ISSUE 1
Governing Principles
Principles Applied
ISSUE 2
Governing Principles
Principles Applied
ISSUE 3
Governing Principles
Principles Applied
CONCLUSION
Articulate disposition and declare order(s)

Credibility Trial

INTRODUCTION
  • Identify accused and charges
ISSUE
  • Given the conflicting evidence, has Crown proven essential elements on a standard of proof beyond a reasonable doubt?
POSITION OF THE PARTIES
  • General summation of the positions of Crown and defence
BACKGROUND/UNDISPUTED FACTS
CONTESTED EVIDENCE
  • Summarize disputed evidence by each witness
  • witness #1
  • witness #2
  • ...
  • accused
LAW
ANALYSIS
  • Analyze accused testimony (Does the Judge Believe the Accused? If not, does it leave the Judge in doubt on any essential element?)
    • In each analysis, apply the "tools for evaluating evidence" (above)
  • Analyze defence witness testimony (Does the Judge Believe them? If not, does it leave the Judge in doubt on any essential element?)
  • Analyze the alleged victim (Does the Judge believe the alleged victim? )
  • Analyze the Crown witnesses (Does the Judge believe the witnesses? )
  • Consider what evidence the Judge accepts, including testimony, records, and real evidence.
  • Analyze whether on the accepted evidence, has the elements been proven beyond a reasonable doubt.
CONCLUSION
Articulate disposition and declare order(s)

See Also