To the extent that expert evidence relies upon an earlier report, the report will be hearsay. However, as per section 127, it may be admissible, but Running head: UNIT 4 ASSIGNMENT 7 only if the person who provided the original information can reasonably be supposed to have had personal knowledge of the matters stated. When expert evidence relies on such a statement, notice must be given to the defence, who must be given the name and address of the person whose statement is relied upon. The defence will then have an opportunity to object and where this occurs, the court must decide whether it is in the interests of justice to permit the expert to base his or her conclusion on the hearsay statement, or whether the supplier of the original information should also be called as a
However they do have the ability to make suggestions to possibly amend the law through highlighting flaws. The judiciary cannot make judgments past the jurisdiction of the law even in interests of natural justice. A strong example of this was the Belmarsh Case, where judges believed the system of holding foreigners against the will under the anti-terrorism act contradicted with human rights. This law was subsequently changed. This could pose some doubt as to the judges power, as although they can not officially change laws, they clearly have the power to suggest changes with ease, and some could argue that despite Lord Neuberger’s claims, they do indeed undermine parliamentary sovereignty through their suggestion of changes.
It appears to be predominately of Anglo-Saxon common law origin. Clearly, it precedes Magna Carta in 1215. Although the precise origin of Habeas Corpus is uncertain in light of it’s antiquity, its principle effect was achieved in the middle ages by various writs, the sum collection of which gave a similar effect as the modern writ. Although practice surrounding the writ has evolved over time, Habeas Corpus has since the earliest times been employed to compel the appearance of a person who is in custody to be brought before a court. And while Habeas Corpus originally was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve into a prerogative writ initiated by the person restrained, or someone acting in his interest rather
The superseding decision in Kenyon v. Abel was determined through the use of common law. Common law is a body of unwritten laws adopted from England, used in courts to help determine the outcome of a litigation when no statute or precedent has previously been made. The main focus in this case was the law of gifts. “A valid gift consists of three elements: (1) a present intention to make an immediate gift; (2) actual of constructive delivery of the gift that divests the donor of dominion and control; (3) acceptance of the gift by the donee.” (Barnes, 620). According to the first element of gifts, a present intention to give the gift must be made, and it was not.
4. Would your answers to the the question 1, 2, and 3 change under IFRS? Explain your answer supported by the reference from IFRSs. Differences between U.S. GAAP and IFRS with regard to errors are that GAAP indicates a generally stricter interpretation of how the error should be handled. Regarding question #1, GAAP states that all prior periods affected should be re- stated and balances rolled forward accordingly.
This one will as well. People may abuse funded services, so perhaps the services must be better regulated in order to be eligible and maintain eligibility. Altogether, I feel that a mixture of approaches is the most economically efficient course of
It also appears, however, to be a very fine line between preventing an illegal kick-back and disrupting a legitimate fee for a necessary service by an authorized professional. While it is important to discourage the former, some feel that expanding on the already broad statute for the purpose of sealing a few loopholes might accomplish more of the latter. “Because the law is broad on its face, concerns have already arose among health care providers that some relatively innocuous, and in some cases even beneficial, commercial arrangements are currently prohibited by the anti-kickback law” (Office of Inspector General, 1999). It is for these reasons that after careful consideration of all of the various resource materials used to complete this study, I must conclude that although the potential to exploit the healthcare system in the aforementioned manner still exists, the risk/reward balance has been tipped in the favor of integrity since the advent of anti-kickback
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.
Question 2 Although the doctrine of precedent allows some flexibility, it fundamentally requires judges to respect the hierarchy of the courts . Discuss The doctrine of binding precedent or stare decisis, lies at the heart of the English legal system. In essence the doctrine refers to facts that within the hierarchical structure of the English Court, a decision of the highest court will be binding on a court lower. When a court makes a decision in a case, any court which is of equal or lower status to that court must follow that previous decision if the case before them is similar to that earlier case. Moreover, the doctrine requires that like cases should be treated alike in the interests of consistency and certainty of the law as well as a fairly rigid hierarchy of courts.
Liberal internationalism Two main bases; The first is the fear of and international ‘state of nature’ Idea that self-determination is a mixed blessing, While preserves self-government it creates a world of sovereign nation states controlling own freedoms and interests, possibly at the extent of other nations. In conditions of international anarchy, self-restraint may not be enough to ensure enduring peace. Two forms of prevention have been proposed First being international independence with the intention of promoting cooperation; (this is why liberal s support free trade between free nations) material cost would be huge in conflict, war would therefore be unthinkable. Libs also proposed a supernatural body/ bodies to bring order to otherwise lawless international structure. Seen in social contract theory; government is the solution to problem of disorder.