Proceeding When I entered the court room‚ the defendant’s girlfriend was on the witness stand. She was the first individual on record that received a call from the defendant after the murder. She described the defendant’s condition as “distraught”‚ “all over the place” and “frantic” during the phone call. She exclaimed that the first words that came out of the defendant’s mouth were “I just shot him and I’m scared!” She tried to defend the father of her children by claiming he was in a disoriented
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Describe the role of magistrates in civil and criminal cases A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law. Their purpose is to provide experience of society and ensure that the common people’s values are represented when delivering a verdict. Most magistrates are lay magistrates and they are also referred to as justices of the peace. There are roughly 30‚000 lay magistrates sitting on the bench and they usually sit in threes but section
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— A Court can compel the personal attendance of any witness residing within the local limits of its jurisdiction‚ or without such limits if the person to be summoned is at a place‚ not more than fifty miles from the Court house or not more than two hundred miles if there is a railway communication or public conveyance for 5/6th of distance‚ provided that he is not exempted under any of the provisions of the Code of Civil Procedure‚ 1908. A proviso has been added to Order XVI‚ Rule 19‚ Civil Procedure
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Tort Reform: The Destruction of the Civil Court System “If it ain’t broke‚ don’t fix it”. This informal maxim can be applied to countless situations‚ from car maintenance to business practices. It can also be applied to the idea of tort reform and its effect on the civil court system in the United States. ‘Tort reform’ commonly refers to “proposed changes to common law civil justice systems that would place limits or caps on tort litigation or damages to be awarded to a plaintiff” (“Tort Reform
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ContentsIntroductionCourt DetailsThe Subject Matter of the CaseLayout of the Court and Roles of Court ParticipantsInteresting ObservationsDegree of formality in the court proceedingHow the evidence was presentedUnderstanding the Happening of a Court Room8Understanding Court ProcessReflection of Court Experience9Reference ListIntroduction:This is a report describing an observation of a criminal court proceeding that I attended at Brisbane District Court‚ Queensland. In this report I will state the kind of hearing
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and for this reason it is split into two main categories – Criminal and Civil which is also known as Private Law. Each of these areas covers different aspects of the law. Civil law is generally a dispute between individuals whereas Criminal law states what behaviour is acceptable or unacceptable as the case may be. By highlighting the main differences between the two categories‚ we can build up a clear picture of the way law works. Criminal law is made up of precedents which are guidelines that we
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private enforcement of EU law before national courts‚ has been critical to ensure uniform interpretation and application of EU law in member states. References for preliminary rulings occur when the national courts are presented with a question of EU law due to uncertainty of the provision. The national court will therefore ‘make a reference to the Court of Justice (COJ) to obtain a preliminary ruling on any point of EU law relevant to the proceedings’2. In practice‚ the introduction of private enforcement
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litigation involving civil and criminal litigation Criminal law- involves an offense where the entire community is harmed and the remedy is a fine or imprisonment for the offender. The responsibility of pursuing a violation of criminal law rests with the state. Where as‚ civil law does not directly harm a community and the remedy for a violation of civil law is to sue the violator and order the violator to pay damages. A person may be charged criminally and sued civilly. Civil law- the legal means
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CRIMINAL PROCEDURE 1ST QUIZ STUDY SHEET 1. Criminal Procedures – rules designed to balance important governmental functions maintaining law and order and protecting the rights of citizens. 2. The Adversarial System of Justice- judicial system where the prosecution is in competition with the defense to prove opposing facts in the belief that truth can be best realized through effective debate over the merits of opposing sides. 3. The Bill of Rights- guarantees basic individual liberties
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American courts have carefully expanded mandatory disclosure by the prosecutor‚ especially with respect to disclosures of exculpatory evidence and impeachment material. Exculpatory evidence is any evidence that might exonerate the defendant at trial by either tending to cast doubt on defendant’s guilt or by tending to mitigate the defendant’s culpability‚ thereby potentially reducing the defendant’s sentence (David W. Neubauer & Henry F. Fradella). In Brady v. Maryland‚ he U.S Supreme Court held that
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