Hostile Witnesses – Structure of Answer 1. “The issue here is whether [counsel] can discredit their own witness‚ [witness’s name]‚ in the witness box?” a. When calling a witness‚ the caller expects their testimony to be favourable to the case. When this doesn’t happen‚ the caller will want to attack the witness to destroy the effect of the evidence. b. Whether you can do this depends on whether the witness is hostile or merely unfavourable. c. Usually crops up in examination-in-chief
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What is negligence? Negligence is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation for physical and mental injuries. Negligence is a type of tort. "Negligence" is not the same as "carelessness"‚ because someone might be exercising as much care as they are capable of‚ yet still fall below the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as conduct that is culpable because it falls
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Question 1: Explain the different sources of Law in England. The legal system in the UK has expanded over many centuries and has also changed regularly during this period. The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament)‚ Common Law‚ European law and European Court of Human Rights. ‘These sources of Law have all one common element‚ influenced by political‚ social and technological change.’ (Open University‚ Block 1‚ Pg 89)
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Law and Society : Chapter One Notes We live in a world governed by law. No matter what we do‚ the legal system and its laws are part of everyday life. Our legal system strives to represent principles Canadians believe in and each generation influences the legal system by changing existing laws or bring in new ones. In 1982‚ for example‚ the Government of Canada enacted the Charter of Rights and Freedoms that guarantees certain rights to all Canadians‚ regardless of their age‚ race‚ ethnicity
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Many countries in twenty first century follow two legal forms of law namely civil and common law. The common law tradition originated during middle ages from England and was applied to the all British colonies throughout the British Empire. While the civil law traditions has it’s roots’ in continental Europe at the same time and was applied throughout the colonies of European imperial powers like Portugal and Spain. Civil law was also adopted in the nineteenth and twentieth centuries by countries
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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four main sources of law in England‚ legislation or Statute Law‚ common law‚ European Union law and the European Convention on Human Rights the United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England‚ Wales‚ Scotland and Northern Ireland. Some law applies throughout the whole of the UK this essay will discuss the operation of Precedent‚ the role played by the Court hierarchical and law reporting Question 1 the different sources of law in England There
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Substantive law is law that defines rights and duties‚ such as crimes and punishments‚ civil rights and responsibilities in civil law. An example of substantive law is the law of murder: intentionally killing another person. Substantive law basically answers the question: What is the law? Procedural law is the law governing the machinery of the courts and the ways by which both the state and the individual enforce their rights in the courts. Procedural law is more like when a person can be arrested
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Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment‚ the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages
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are four main sources of Irish law: 1) The Constitution 2) EU law 3) Statute law (including statutory instruments) 4) Common Law & case law precedent. 1) Constitution - see www.constitution.ie for text and some official publications 2) EU law - see www.europa.eu (I’m not sure if that is the exact text but you can google) for EU laws 3) Statute law - see www.irishstatutebook.ie & www.oireachtas.ie 4) Case law & precents - see text books on Irish law or go to www.courts.ie and the
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