Pruebas y procedimiento

Burden of Proof — In civil cases, the claimant bears the burden on the balance of probabilities ('more likely than not'). In criminal cases, the prosecution bears the burden beyond reasonable doubt (Woolmington v DPP [1935]). The evidential burden may shift to the defendant for certain defences.

Hearsay Evidence — Out-of-court statements tendered as evidence of their truth are hearsay. In civil proceedings, hearsay is admissible under the Civil Evidence Act 1995 but carries reduced weight. In criminal proceedings, hearsay is generally inadmissible subject to statutory exceptions (Criminal Justice Act 2003, ss.114–136).

Character Evidence — In criminal cases, evidence of the defendant's bad character is admissible through 'gateways' under s.101 Criminal Justice Act 2003 (e.g. important explanatory evidence, propensity to commit offences, correcting a false impression). The court must exclude evidence whose prejudicial effect outweighs its probative value.

Opinion Evidence — Generally, witnesses may only give evidence of facts, not opinions. Expert witnesses are an exception — they may give opinion evidence within their field of expertise, subject to the requirements of Part 35 CPR (civil) and the Criminal Procedure Rules (criminal). The duty of an expert is to the court, not the party instructing them.

Privilege — Legal professional privilege protects confidential communications between lawyer and client for the purpose of giving or receiving legal advice (advice privilege) or in contemplation of litigation (litigation privilege). It is a fundamental right and cannot be overridden by statute unless by express words (R (Prudential) v Special Commissioner [2013]).

Civil Procedure (CPR) — The CPR's overriding objective (r.1.1) requires cases to be dealt with justly and at proportionate cost. Key features include: case management by judges, pre-action protocols, disclosure, Part 36 offers to settle, and the three tracks (small claims, fast track, multi-track).

Criminal Procedure — Criminal cases begin in the magistrates' court. Summary offences are tried there; indictable-only offences are sent to the Crown Court. Either-way offences may be tried in either court, subject to allocation and the defendant's election for jury trial. Appeals lie to the Crown Court (from magistrates) or Court of Appeal (Criminal Division) from the Crown Court.

Court Hierarchy and Precedent — The doctrine of precedent (stare decisis) means lower courts are bound by decisions of higher courts. The Supreme Court is the final court of appeal. It can depart from its own previous decisions under the 1966 Practice Statement. The Court of Appeal is generally bound by its own decisions (Young v Bristol Aeroplane [1944]) subject to limited exceptions.