cases be conducted out of the hearing of the jury.” (Smith) 4. Define burden of proof‚ burden of going forward‚ and burden of persuasion. Burden of proof: is the accuser’s job to prove beyond a reasonable doubt (in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence that will move toward
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ConSuLTATIon PAPeR Hearsay in Civil and Criminal Cases (LRC CP 60 – 2010) CONSULTATION PAPER HEARSAY IN CIVIL AND CRIMINAL CASES (LRC CP 60 - 2010) © COPYRIGHT Law Reform Commission FIRST PUBLISHED March 2010 ISSN 1393-3140 THE LAW REFORM COMMISSION‘S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission‘s principal role is to keep the law under review and to make proposals for reform‚ in particular
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‘Thinking About Crime’ What are the main strengths and weaknesses of official crime statistics and victimisation surveys? Looking at Crime Statistics and Victimisation Surveys can be very helpful when looking at the rates in which crimes are committed and the annual crime rate throughout the UK. This essay will cover the strengths and weaknesses of Official Crime Statistics and Victimisation Surveys. This will show if the strengths and weaknesses contradict each other. Presented within this
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Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
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Fornilda passed away on 2 Jul 1969. Among the heirs of the latter was his daughter‚ plaintiff-appellant Angela Gutierrez. Because his Attorney’s fees thus secured by the two lots were not paid‚ on 21 Jan 1970 Amonoy filed for their foreclosure in Civil Code 4 No. 12726 entitled Sergio Amonoy vs. Heirs of Asuncion Pasamba and Heirs of Alfonso Fornilda before the CFI of Pasig‚ Rizal‚ and this was assigned to Branch VIII. The heirs opposed‚ contending that the attorney’s fees charged were unconscionable
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injuries in the blaze. Answer both of the following questions. Both questions carry equal marks. Using case law to support your arguments: 1. Discuss whether Bob may be charged with the murder of Alice‚ Karishma and Jake; and 2. Advise Bob as to whether he has the necessary mens rea to be charged with offences under s1(1)‚ s1(2) and s1(3) Criminal Damage Act 1971. The area of law in which this question concerns is murder. It is necessary to consider the extent to which Bob is likely to be
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Civil law is primarily contrasted against common law‚ which is the legal system developed among Anglo-Saxon people‚ especially in England. The original difference is that‚ historically‚ common law was law developed by custom‚ beginning before there were any written laws and continuing to be applied by courts after there were written laws‚ too‚ whereas civil law developed out of the Roman law of Justinian’s Corpus Juris Civilis (Corpus Iuris Civilis). In later times‚ civil law became codified as
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TASK 1 Explain the reference to legal principle and relevant case law‚ the legal aspect of placing the ‘Klick’ clock in the shop window with a price tag attached. Ann antiques has a rare ‘Klick’ clock on its shop with price tags of €1‚000 attached. In spite of its wording the sign in the window does not constitute a legal offer‚ it is merely an invitation to treat. Invitation to treat is an indication that the person who invite is willing to enter into a negotiation but it is not yet prepared
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MURDER !! DEFINITION The classic definition of murder is that of Sir Edward Coke (Institutes of the Laws of England‚ 1797): "Murder is when a man of sound memory‚ and of the age of discretion‚ unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace‚ with malice aforethought‚ either expressed by the party or implied by law‚ so as the party wounded‚ or hurt‚ etc. die of the wound or hurt‚ etc. within a year and a day after the same." For
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modern day business environment are one of the most controversial topics affecting firm’s reputation when operating in any industries. This essay question will be looking at Environmental and CSR issues in the context of the film A Civil Action. Part A Environmental law is the important part of government regulation and it deals with pollution or contamination problems. In our case contamination is found within the walls of the factory that was owned by W.R. Grace & Co. Company was using hazardous
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