Simpson case is vital to the study of criminal justice and prosecution being that the restrictions that were obvious in the testimonies of the witnesses and evidence. As a consequence incorrect verdicts were made regarding the case for the reasons that there was evidence that could not be used like the blood samples and the detectives that gave testimonies that were ambiguous. Furthermore, before any case is taken to trial the state and the defense need to be absolutely certain that they have sufficient evidence in order to maintain their case, especially since a case can be dismissed based on the prima facie evidence provided. Studying this case has certainly changed my perspective because it was obvious that more was needed to be accomplished previous to closing remarks were
WORKSHOP ANSWERS VICARIOUS LIABILITY – WHERE’S THE BLAME? Adam Chippindall, Stephen Garner & Abigail Stamp, Guildhall Chambers 1. At the trial of the action, in respect of the assault on Carl by X, what hurdles will Carl need to overcome in order to establish liability? There are a number of hurdles that Carl will need to overcome in order to succeed with his cases. These include showing that the Defendant failed to provide a safe system of work, that Carl was exposed to a foreseeable risk of injury and causation.
It is unfamiliar, alien and uncomfortable environments that determine the creation of conflict. When dropped into a new setting the aptitude for growing conflict magnifies. These unfamiliar settings and their conflict creations is depicted by Asghar Farahdi, director of 'A Separation'. Asghar uses a small and claustrophobic courtroom to be the setting of the divorce bickering and the battle between Hojjat and Nader. Through the opening sequence of the film we see the conflict growing in the courtroom between Nader and Simin, what should be a small and easy divorce process is heightened in the courtroom.
PA402: Employment Law Unit 9 Assignment: Employer Responsibility under the ADA Act Memo To: Peter Gregory, Chief Executive Officer From: Attorney, Clayworks Communication Limited Date: June 21, 2015 Subject: Disability Discrimination Claims Overview One of our employees who has epilepsy has approached me with some flimsy allegations that he believes constitute disability discrimination. As the attorney for this company, I am required to act swiftly to save the face of the company from being dragged in the courtrooms. It is for this reason that I have written the report on ADA law. Please find it enclosed. Possible Damage to Business Relations The main reason for doing this memo is the adverse effect that the court file could
| Fictitious Lawyers Group | Memo To: Ms. Singh From: CC: Intro to Law Unit 1 IP Re: felony vs. misdemeanor Abstract The author of this memo focuses on the arrest of Ms. Singh, for breach of peace an incident that occurred during an altercation at a bar with another patron. Ms. Singh, does not understand the law and has concerns about the possibility of prison and capital punishment i.e., the death penalty. In this response the author attempts to elaborate the difference between a felony and misdemeanor, Further, she expounds some of the possible consequences that Ms. Singh faces if she is convicted of this crime. Dear Ms. Singh, The purpose
If the witness himself is incapacitated from acting as eyes and ears of justice, the trial gets paralysed. In Swaran Singh v State of Punjab, the Supreme Court observed, “a Criminal case is built on the edifice of evidence, evidence that is admissible in law. For that witnesses are required whether it is direct evidence or circumstantial evidence.” The Justice Malimath Committee opined that, “by giving evidence relating to the commission of an offence, he performs a sacred duty of assisting the court to discover the truth. It is because of this reason that the witness either takes an oath in the name of God or solemnly affirms to speak the truth, the whole of the truth and nothing but truth. He performs an important public duty of assisting the Court in deciding on the guilt or otherwise of the accused is the case.
Eyewitness Testimony By: Victoria Negron PSY 101-01 Eye witness testimonies form the bedrock of most judicial processes around the world. They make a solid impression on a jury, which has the exclusive role of ascertaining the credibility and veracity of the testimonies and make a verdict based on the truth they hold. This is because perjury is criminal and can subvert the integrity of a trial. Recognizing how fallible witness memories are, is paramount for those involved in the judicial process since trials circulate around factual determinations of whom to believe. The human memory has a propensity to recall erroneous events and even details that did not happen.
| Reasonableness v Proportionality | | | | Intro The principle of reasonableness has sparked widely differing views throughout the years and many academics believe that it should have been dead and buried long ago. Donson comments that unreasonableness has long been seen as a concept open to developments and manipulation and that its vague and circular definition makes it difficult to argue successfully in many cases but is equally a reason for it being attractive to applicants. It was evident as early as 1975 in writings by Austin how difficult it would be to overturn a decision by way of judicial review on the grounds of lack of reasonableness. He stated that “reasonableness...is only likely to be used in extreme cases where a decision is completely absurd. Such cases are so rare that the test is probably on its death bed...hopefully it will soon meet a timely end and be decently buried never to be resurrected.” Cane states in his book that “the concept of unreasonableness is a flexible one and can be adapted to different types of decisions.
tion Prosecutor vs Defense Counsel Tammie Matthews CJS 220 September 7, 2012 Thomas Lawrence Prosecutor vs Defense Counsel The Prosecutor and the Defense counsel play very different roles in the courtroom but both roles are vital in the outcome of the accused on trial. They both are responsible to display their legal skills and are responsible for using these skills to protect, defend, and uphold justice. The contrast is that these attorneys manage their responsibilities from very different perspectives (The Writers Office Online, 2012). The Prosecutor seeks justice above the importance of obtaining convictions. They are required to balance the interest of the community against the interest of defendants
Judges play an important role in interpreting the language used in statutes in order to give them practical application. Obviously, interpreting statutes is not easy and proves to be one of the most contentious aspects in the legal system today. Each judge may perceive a statute differently resulting in judicial activism in the court. Fortunately, there has been a rule developed to aid in the interpretation and understanding of statutes. The literal rule holds that the words in a statute be given their plane and ordinary meaning.