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 1

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)
Judges should be cautious of the following typical errors
  • finding that the accused tailored his evidence in response to hearing evidence from other witnesses.
  • reversing the burden of proof in analysis by making the testimony a competition between the accused and crown witnesses.
  • relying on bad character evidence without weighing probative vs prejudicial value.


Sexual Assault Trial

Introduction
  • list charges, describe dates of trial and witnesses. Identify key allegation and defence position. Identify
Law
  • Presumption of Innocence and Burden of Proof
  • When an Accused testifies (ie. law of WD)
  • Assessing Credibility and reliability
  • Assessing Special Types of Evidence (e.g. children, etc)
  • Elements of the Offence
Evidence

- Caution that summary is not drawing conclusions on credibility

  • AB
    • Each Incident
  • CD
  • Defence Evidence
Analysis
  • Accused's evidence
  • Complainant's evidence
    • Discuss third party suspect evidence
    • Discuss circumstantial evidence

- Emphasis that conclusions are based on totality of evidence

Conclusion

See Also