Evidence and Burden of Proof in Torts, Medical Torts and Defamation Disputes
The training will cover the peculiarities of proof in disputes arising from private legal relations, the issues of the subject of proof and the burden of proof, their separation, the distribution of the burden of proof between the disputing parties, the types of evidence and cases of their use in practice; Within the framework of the training, the issues of distribution of the burden of proof in the case of tortious damages, including medical tort, damages caused by the source of increased danger and moral damages will be discussed.
Objective of the training
After competing the training, trainee will be able to analyze and correctly apply the issues of assertion in private disputes.
Who is the training for?
The course is intended for practicing lawyers, students and other people interested in the issue.
After passing the training, the trainee will master the legal practice and approaches to the issues discussed within the scope of the course.
Syllabus
- Peculiarities of assertion in private disputes, object of assertion.
- Specificity of evidentiary activity in private disputes, separation from administrative proceedings;
- Scope of the court's activity on private disputes;
- Subject of the assertion.
- Procedural statute of limitations, time limit for indication of factual circumstances.
- Formation of the subject of the assertion
- The role of the court in the formation of the subject of the assertion.
- Separation of disputed and indisputable facts
- Acknowledgment of party; Its separation from the notice of claim
- Prejudices and generally accepted facts
- Evidence. Evidence received in oral form and their fixation. Eligibility Criteria
- Explanation of the parties (third parties); explanation of the representative;
- Procedural rule for receiving and examining the explanations of the parties.
- Witness testimony. Procedural rule of its acceptance and examination.
- Problem of the procedural status of the written testimony of the witness;
- Peculiarities of interrogation of a minor witness.
- Applicability and legal force of evidence.
- Evidence. Written evidence. Eligibility Criteria
- Written evidence. its submission form; The problem of assigning evidential force to a copy of a document.
- Document forgery; The burden of proof.
- Material evidence. Perishable material evidence and the problem of its fixation in forensic practice. The importance of providing evidence.
- Problem with using e-mail/telephone conversation/audio recording as evidence.
- Expert opinion. Procedural status of expert opinion; The role of the court in the appointment of expertise.
- Procedural Importance of Friend of the Court Opinions.
- Statement of fact. its difference from on-site inspection;
- Applicability and legal force of evidence.
- Burden of proof. presumptions.
- General and special rule of proof;
- Standard of proof; Substantive legal presumptions and their procedural significance.
- Allocation of burden of proof. A reversal of the burden of proof
- Burden of stating and proving facts.
- Compensation for damage caused by tort in a simplified manner.
- Tortious damages.
- Simplified procedure for consideration of tortious damages.
- Peculiarities of lawsuit proceedings and simplified proceedings.
- Subject of the assertion. standard of proof.
- Medical tort.
- Legal qualification of medical tort.
- Medical tort or contractual tort.
- Competition of requirements and its importance in the formation of the object of assertion.
- The burden of proof. Presumption of guilt of health care personnel.
- Compensation for property damage.
- Damage caused by an increased source of danger.
- Delict resulting from the operation of a vehicle.
- The tort caused by the danger emanating from the building.
- Subject of the assertion. Evidence. The burden of proof.
- Liability without fault.
- Compensation for property damage.
- Moral damage. standard of proof.
- Separation of material and moral damage.
- Compensation for moral damages caused by delict to the victim.
- The problem of compensation for moral damages caused by the delict for the relatives of the victim.
- Subject of the assertion. The burden of proof.
- Defamation. Compensation for non-material damage.
- The problem of qualification of disseminated information. Separation of fact and opinion.
- Slander.
- Refund. The problem of determining its amount.
- Subject of the assertion. The problem of allocation of the burden of proof.
After successfully completing the training, you will receive a bilingual certificate.
