Basic Concepts Part II

Draw limited inferences from facts and assess credibility.

Determine if, assuming the Crown's evidence is believed, it would be reasonable for a properly instructed jury to infer guilt.

Determine whether the accused is likely guilty or not.

By describing it as an ordinary concept.

By describing it as the standard they would use make important decisions in their own lives.

By describing it as doubt for which the juror can give a reason.

By describing it as based on reason and common sense, logically derived from evidence or absence of evidence.

By modifying "reasonable doubt" with words such as haunting, substantial, and serious.

The burden to adduce evidence capable of supporting a decision in that party's favour before the issue can go to the trier of fact.

The burden of the Crown to provide the accused with full and continuing disclosure.

The burden of the trier of fact to only consider evidence brought by opposing parties, not evidence they have found on their own accord.

A motion for non-suit claims that the opposing side has not met the evidentiary burden, while a motion for summary judgment claims that the opposing side's argument is too weak to succeed.

A motion for non-suit claims that the opposing side has not proven its claims beyond a reasonable doubt, while motion for summary judgment claims that the opposing side's argument cannot succeed for procedural reasons.

A motion for non-suit claims that the opposing side has failed to show a cause of action, while a motion for summary judgment claims that the opposing side's argument is based on facts that are not sufficiently detailed.

When the trial judge rules that the accused has not discharged her evidentiary burden.

When the trial judge rules that the Crown has not discharged its evidentiary burden.

When the trial judge rules that neither the Crown nor the accused have discharged their evidentiary burden.

Determine whether there is any admissible evidence.

Determine whether a properly charged jury would be able to justify a conviction based on the evidence.

Weigh the evidence.

When the defence is raised by the accused.

When the defence has an evidentiary basis.

When the defence can be proved beyond a reasonable doubt.