(2)
Finishing Point.
(i)
Responder Wins. The needle must finish at least at 51% on the
responder’s scale, which is also 49% on the initiator’s scale.
(ii)
Initiator Wins. The needle must finish at least at 50% on the
responder’s scale, which is also 50% on the initiator’s scale.
This can be represented in the following diagram:
Finish
Finis
h
Start
Initiator’s Scale
0%
20%
40%
49%
50%
100
%
100%
80%
60%
51%
50%
0%
Responder’s
Scale
Total
100%
100%
100%
100%
100%
100%
100%
Total
Figure 25.6 Proof of Defences in a Civil Case
Special Cases
Introduction
In some jurisdictions there are special rules. These can come from two
sources, either common law or statute.
Common Rule
In any jurisdiction it is possible that courts create a special common law rule
for a special case. Some examples of special common law rules from the
United States are explained below –
reasonable suspicion, probable cause,
clear and convincing evidence and air of reality.
Statute
In any jurisdiction it is possible that statute create a special rule of proof for a
special case. It can vary or abolish either of the common law rules, or it can
state the standard for some new statutory action. Obviously the statute can
choose any standard that it likes. For a new statutory action it may simply
choose the civil standard of proof namely the balance of probabilities, or the
criminal standard of namely proof beyond reasonable doubt. But it may also,
for any type of case, create a new standard by using its own formula. For
example it may require a court or tribunal to be “sure” of the facts, or
“reasonably satisfied” about them.
Reasonable Suspicion
Reasonable suspicion refers to
a
low standard of proof, It is used in the
United States. It is used
to determine whether a brief investigative stop or
search by an official -
a police officer or any government agent -
is legally
justified. To make out reasonable suspicion it is necessary to establish two
things. (i) There is a specific, articulable, and individualised suspicion, as
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