Question 1

The Defence does not have to give any evidence whatsoever. It is for the Prosecution/Claimant to prove their case, not for the Defence to prove they are innocent/not liable. However, in a criminal context, adverse inferences may be drawn by a Defendant's failure to call or give evidence.

Accepted Answer

This is the principle of "innocent until proven guilty" in common law systems. The burden of proof rests with the prosecution/claimant to prove their case, and the defendant/respondent does not have to give any evidence if they choose not to. However, in certain circumstances, such as in criminal trials, if a defendant fails to call or give evidence, the judge and/or jury may draw adverse inferences against them.

Question 2

At which points during a trial can the Defence submit that 'there is no case to answer'? The Defence may make a submission of no case to answer at any point up until a verdict is delivered but only after the Prosecution/ Claimant has finished calling evidence.
A)After the Prosecution/Claimant has finished calling evidence
B)As the Prosecution/Claimant is calling evidence
C)During the Defence's calling of evidence
D)After the Defence has finished calling their evidence

Accepted Answer

A, C, D

Question 3

Which of the following are types of trial system available in the West? B and C are the only correct answers.
A)Exquisitorial
B)Inquisitorial
C)Adversarial
D)Judicial

Accepted Answer

The two types of trial systems available in the West are the inquisitorial system, where the judge takes an active role in the investigation and the adversarial system, where two opposing sides present their case in front of a neutral judge or jury. Option A is incorrect as exquisitorial isn't a type of trial system. Option D is also incorrect as judicial is a general term and not specific to trial systems.

Question 4

Which of the following is NOT a feature in the adversarial trial system? Examining magistrates only appear in the inquisitorial system. Magistrates and judges (district judges in criminal and all judges in civil cases) decide facts in addition to juries.
A)Arbiters of fact other than juries
B)Documentary evidence
C)Judges
D)Examining magistrates

Accepted Answer

Examining magistrates only appear in the inquisitorial system, not in the adversarial trial system. The other options (arbiters of fact other than juries, documentary evidence, and judges) are all features of the adversarial trial system.

Question 5

Which of the following is NOT a phase in inquisitorial trials? There is no such phase as A. Instead, evidence is looked at throughout.
A)Evidential phase
B)Examining phase
C)Trial
D)Investigative phase

Accepted Answer

In inquisitorial trials, evidence is looked at throughout the process, so there is no specific phase called the "evidential phase." The other choices are all common phases in inquisitorial trials.

Question 6

In which of the following circumstances is a judge permitted to intervene? A judge has powers at common law to do all of the above.
A)To call his or her own witness of their own motion
B)To prevent offensive or vexatious cross-examination
C)To invite or suggest to counsel that there is no case to answer
D)None of the above
E)All of the above

Accepted Answer

A judge is permitted to intervene in all of the mentioned circumstances. While the judge must remain impartial, they do have the power to ensure that the trial is conducted fairly and efficiently. This may include calling witnesses, preventing inappropriate cross-examination, and suggesting if a case has no merit.

Question 7

Documentary evidence In the inquisitorial system, documentary evidence is far more preferable to oral evidence which is perhaps treated with more mistrust. The other two options are irrelevant in this context.
A)Bad character evidence
B)In the inquisitorial system, documentary evidence is far more preferable to oral evidence which is perhaps treated with more mistrust. The other two options are irrelevant in this context.
C)Documentary evidence
D)Livelink evidence

Accepted Answer

The statement specifically mentions that documentary evidence is more preferred in the inquisitorial system compared to oral evidence. The other options, bad character evidence and livelink evidence, are not relevant to the given context.

Question 8

Which of the following is a judicial comment highly likely to result in a successful appeal? In the statement in B, the judge is giving an opinion on the credibility of a side's evidence which is not permitted. (S)he may be entitled to make the statement in D due to admissible bad character evidence being adduced.
A)""The Prosecution/Claimant has brought this case and has the task of proving it""
B)""Exhibit X makes the Defendant's entire case implausible""
C)""Witness X's evidence is totally incredulous, you may think""
D)""The Defendant is a serial offender""

Accepted Answer

The statement in option B is a judicial comment on the credibility of a side's evidence, which is not allowed. This could result in a successful appeal. The other options are either neutral statements or allowed comments based on evidence presented in court. Option D may be allowed if bad character evidence has been adduced in court.

Question 9

A submission of 'no case to answer' will succeed where the Prosecution's evidence, taken at it highest, is such that a properly directed jury could not convict upon it.

Accepted Answer

A submission of 'no case to answer' is made by the defense at the close of the prosecution's case. If the evidence presented by the prosecution, when taken at its highest, is such that no reasonable jury could convict the defendant, then the judge may direct that the case be dismissed without the need for the defendant to present a defense. This is based on the principle that the burden of proof rests with the prosecution to prove their case beyond a reasonable doubt.

Question 10

In the English system, a judge always takes a very active role in fact management and assembling the parties' evidence. Each party is left to manage and provide their own evidence.

Accepted Answer

In the English system, the judge takes a more passive role in fact management and does not assemble the parties' evidence. Each party is responsible for managing and providing their own evidence.

Question 11

In a trial involving a jury, it is for the jury to decide matters of fact only . The judge decides matters of law, but matters of fact are for the jury only. However, the distinction better matters of law and fact can sometimes be blurred.

Accepted Answer

In a trial involving a jury, it is indeed for the jury to decide matters of fact while the judge is responsible for deciding matters of law. However, there can be instances where the distinction between the two becomes less clear.

Question 12

The English legal system is an inquisitorial one as it uses judges, magistrates and juries to get to the bottom of the facts. It is an adversarial system which, whilst using a judge, magistrates or a jury to decide facts, is an adversarial contest between two sides in the case. These two opposing sides present their arguments to the arbiter of fact for them to decide which side to believe.

Accepted Answer

The statement contradicts itself by describing the English legal system as both inquisitorial and adversarial. In reality, it is primarily an adversarial system with some elements of inquisitorial processes, such as pre-trial hearings and the use of judges to gather evidence.

Question 13

A judge is totally barred from commenting on witness' evidence as they could prejudice one side over the other in the trial. Judges are perfectly entitled to comment on the credibility and plausibility of witnesses. They cannot however express whether they believe or disbelieve evidence.

Accepted Answer

Judges can comment on the credibility and plausibility of witnesses, including expressing their views on the believability of evidence, as long as they do so in a manner that does not show bias or prejudice towards one side. Their role includes assessing the evidence presented and making judgments based on its reliability and relevance.

Question 14

Put the following phases of adversarial trial into the correct order:
A)The Defence tests the Prosecution/Claimant's evidence
B)The judge sums up the evidence (in cases involving juries) or decides the case
C)Prosecution/Claimant calls evidence
D)Closing speeches/submissions
E)The Defence calls evidence (if they wish)

Accepted Answer

The correct order of phases in an adversarial trial is: first, the Prosecution/Claimant presents their evidence (C). Then, the Defence tests this evidence through cross-examination (A). If the Defence chooses, they can present their own evidence (E). After all evidence is presented, closing speeches or submissions are made (D). Finally, the judge sums up the evidence or decides the case (B).

Quiz 1: The Adversarial Trial

The Defence does not have to give any evidence whatsoever. It is for the Prosecution/Claimant to prove their case, not for the Defence to prove they are innocent/not liable. However, in a criminal context, adverse inferences may be drawn by a Defendant's failure to call or give evidence.

At which points during a trial can the Defence submit that 'there is no case to answer'? The Defence may make a submission of no case to answer at any point up until a verdict is delivered but only after the Prosecution/ Claimant has finished calling evidence.

Which of the following are types of trial system available in the West? B and C are the only correct answers.

Which of the following is NOT a feature in the adversarial trial system? Examining magistrates only appear in the inquisitorial system. Magistrates and judges (district judges in criminal and all judges in civil cases) decide facts in addition to juries.

Which of the following is NOT a phase in inquisitorial trials? There is no such phase as A. Instead, evidence is looked at throughout.

In which of the following circumstances is a judge permitted to intervene? A judge has powers at common law to do all of the above.

Documentary evidence In the inquisitorial system, documentary evidence is far more preferable to oral evidence which is perhaps treated with more mistrust. The other two options are irrelevant in this context.

A submission of 'no case to answer' will succeed where the Prosecution's evidence, taken at it highest, is such that a properly directed jury could not convict upon it.

In the English system, a judge always takes a very active role in fact management and assembling the parties' evidence. Each party is left to manage and provide their own evidence.

In a trial involving a jury, it is for the jury to decide matters of fact only . The judge decides matters of law, but matters of fact are for the jury only. However, the distinction better matters of law and fact can sometimes be blurred.

A judge is totally barred from commenting on witness' evidence as they could prejudice one side over the other in the trial. Judges are perfectly entitled to comment on the credibility and plausibility of witnesses. They cannot however express whether they believe or disbelieve evidence.

Put the following phases of adversarial trial into the correct order: