It is presented in the form of a petition. At least one statement of fact must exist for the claim to be valid. The statement of fact must be supported by a statement of relevance. The statement of fact is the claim that the plaintiff makes against the defendant based on something that happened between the two parties in a certain time and place. The statement of fact must be supported by a statement of relevance.
What is the main difference between the testimony given by an expert witness and that given by a lay witness? The difference would be that an expert witness testifies according to their knowledge on a subject that pertains to the evidence given. A lay witness gives testimony based on their direct knowledge of the crime or persons. 6. Describe the advantages of incorporating an evidence collection unit into the organizational structure of the crime laboratory.
A question of law concerns the application or interpretation of the law-such as whether flag-burning is a form of speech protected by the First Amendment to the U.S. Constitution. Development: How does jurisdiction relate to persons and property? How does jurisdiction relate to corporate contracts? Particular courts has jurisdiction (can exercise in personal jurisdiction) over any person or business that resides in a certain geographic area. On the other hand, because corporations are considered legal persons, courts use the same principles to determine whether it is fair to exercise jurisdiction over a corporation.
That is; whenever it proves some material fact in issue, appears to be competent, assists the trier of fact in understanding the cases, corroboration of evidence of oral testimony in both civil and criminal cases, disproves the testimony of a witness, and when is assists a witness in illustrating or explaining their testimony (Nemeth, 2011). How did courts decide photographs were admissible? There were many court cases that has helped along the way to help this matter such as the cases of United States vs. Clayton and Connecticut Vs. Swinton. Photographic evidence has been in use in the criminal justice system for over a hundred years. Photographing the crime scene helps when showing the scene as is.
To hear and decide a case a court must have both "personal jurisdiction" and "subject matter" jurisdiction. Personal jurisdiction refers to the court's power over the parties involved in the lawsuit. Subject matter jurisdiction refers to the court's power over the type or category of the
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
Assignment 2 Part 1 - Making Assessment decisions Explain how to judge whether evidence is: • Authentic All evidence must be judged for authenticity if there is doubt then the evidence must be explained and substantiated. Individual pieces of evidence can be authenticated through signatures of declaration and also through witness testimonies. Candidates must also sign a declaration when submitting a completed portfolio which confirms that the evidence they are providing is authentic. There are many types of ways which are ‘fool proof’ to ensure that assessment will be authentic such as professional discussions, question and answer and simulated activities/role-plays. In regards to written evidence then a decision must be made whether
Therefore some cases, often those of importance but little media interest, can go unreported. In deciding whether they have to follow a previous decision, the judges must first decide whether the material facts of the cases are sufficiently similar. If the facts are materially different, the court may distinguish the case from the earlier case and so apply a different rule. To decide what the material facts are, the court must look for the general principle which the earlier judges used. This combination of the rule of law and the material facts is known as the ratio decidendi.
Both the person accused of the crime and the accuser would give speeches based on their sides of the story. The individual with the best argument and delivery would determine the outcome of the case. This origin is the source of the two modern usages of the word forensic – as a form of legal evidence and as a category of public presentation. In modern use, the term "forensics" in the place of "forensic science" can be considered correct as the term "forensic" is effectively a synonym for "legal" or "related to courts". However the term is now so closely associated with the scientific field that many dictionaries include the meaning that equates the word "forensics" with "forensic science".
This occurs when the language in the statute is ambiguous and the judge has to use the rules of interpretation (i.e. literal, golden, mischief and purposive) to determine the intent of the parliament when it enacted the particular legislation. The human rights act 1998(HRA) as well, has increased the law-making ability of the judiciary. The interpretative provisions of the Human Rights Act 1998 have had a major impact on judicial interpretative practices. Under Section 3 of the HRA1998 the courts are required to interpret primary and subordinate legislation in a way which is compatible with the convention rights, 'so far as it is possible to do so'.