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In large-scale disasters, public authorities may declare crisis standards of care apply. This allows overwhelmed medical personnel to triage patients, directing resources toward patients they think need it the most, by giving other patients less than the normal standard of care. For example, this occurred during the COVID-19 pandemic in Arizona.
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. [1] It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of the evidence) commonly used in civil cases because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty ...
Whether a duty of care exists depends firstly on whether there is an analogous case in which the Courts have previously held there to exist (or not exist) a duty of care. Situations in which a duty of care have previously been held to exist include doctor and patient, manufacturer and consumer, [2] and surveyor and mortgagor. [3]
Different types of proceedings require parties to meet different burdens of proof, the typical examples being beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence. Many jurisdictions have burden-shifting provisions, which require that if one party produces evidence tending to prove a certain point, the ...
In re Winship, 397 U.S. 358 (1970), was a United States Supreme Court decision that held that "the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged." [1]: 17 It established this burden in all cases in all states (constitutional case).
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Mens rea is an element of the offence that the prosecution needs to assert beyond a reasonable doubt for the accused to be found fully liable of the offence, assuming the offence is one that requires an element of mens rea (see, He Kaw Teh v R - case from the Australian High Court regarding importance of establishment of the element of mens rea).
For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. [2]