Criminal Procedure and Evidence. By Zohra Arbabzada
|
|
- Gwen Tyler
- 6 years ago
- Views:
Transcription
1 Criminal Prcedure and Evidence By Zhra Arbabzada 1
2 Cntents Testimnial, Dcumentary and Other Evidence... 3 Relevance and Adducing Evidence... 9 The Hearsay Rule The Opinin Rule Identificatin Evidence Arrests Detentin after Arrest Search The Right t Silence: Plice Questining and Admissins Use f Frce by Plice Cautining Imprperly Obtained Evidence Discretinary Rules Privilege Tendency, Cincidence and Character Evidence The Credibility Rule Prf Frensic Prcedures Judgments and Cnvictins
3 Testimnial, Dcumentary and Other Evidence Categry 1: Dcumentary evidence What is a dcument? A dcument is basically anything that is a recrd f infrmatin. This culd include the label n a water bttle Dcument is defined in dictinary f EA 95. Includes: Anything n which there is writing Anything n which there are marks, figures, symbls r perfratins having a meaning fr persns qualified t interpret them Anything frm which sunds, images r writings can be reprduced with r withut the aid f anything else; r A map, plan, drawing r phtgraph S 47(1) EA 95 tells us that a reference in this Part t a dcument in questin is a reference t a dcument as t the cntents f which it is sught t adduce evidence. S 47(2) EA 95 tells us that a reference in this Part t a cpy f a dcument in questin includes a reference t a dcument that is nt an exact cpy f the dcument in questin, but that is identical t the dcument in questin in all relevant respects. Is the riginal dcument needed? S 51 EA 95 tells us that the riginal dcument rule is ablished. This is in respnse t the Cmmissiner v Yung case. S 48(4) EA 95 tells us that a party can give ral evidence if the riginal cpy f the dcument is nt available. Cmmissiner v Yung Facts: OLD LAW. Mr Yung gets killed by a passing train. Bdy is taken t the mrgue. Mrs Yung sues the Cmmissiner f the Railway. Cmmissiner tries t prve that Mr Yung was drunk; therefre being what caused him t cme in the pathway f the train. Dr Sheldn tk sme bld frm Mr Yung s bdy and placed it in a jar and sealed it. He then placed a label n it. Issue: The Curt culd nt accept the ral evidence f the label because the label was a dcument, hence shuld be submitted as dcumentary evidence, nt testimnial evidence. This culd nt be dne, because back in thse days, an riginal dcument must be shwn, which they culd nt shw. Als, the ral evidence wuld cnstitute secndary evidence, nt riginal. Held: The judge held that they cannt rally read ut the label in curt; it must instead be submitted as dcumentary evidence. Tday, the label wuld have been admissible t be read rally. Butera Case Facts: OLD LAW. Butera was charged with cnspiracy f trying t imprt drugs. T prve a cnspiracy yu have t prve that they planned it. This culd include discussins with each ther. In this case, the evidence they had was recrdings n a cassette tape. It was the riginal tape; hwever the prblem was the language. It was a mix f three languages. A transcript was btained, hwever this didn t help as a translatin was still needed. It was getting mre and mre away frm being an riginal dcument. Held: The Curt said that the transcript and translatin are nt evidence because they are nt riginals. The transcript and translatin were cnsidered an aide memire. The riginal cassette was deemed as s much mre imprtant because it included qutes, 3
4 tnes, the persn s vice, etc. Therefre the Curt felt that it was imprtant that the jury shuld be able t hear if it is the accused in the recrding. TODAY S LAW: S 48 EA 95 nw cmbats this issue as it allws transcripts and translatins int evidence. This change was made because a.) Smetimes the riginal tape is nt available and b.) when the jury uses the transcript, althugh they have been instructed t use it as an aid memire, the Curt have recgnised that they wuld still prbably prcess it as evidence. HOWEVER, just because this sectin states that yu can use a transcript, it desn t mean that yu have t. Anita Cbby Case Facts: One f the guys wh were charged had an IQ f 60. The transcript f what he said t plice was really sphisticated. Held: It was held that the plice made up the transcript, therefre it was nt admissible. This is an example f hw s 48 EA 95 althugh allwing fr a transcript t be brught int evidence, des nt make it admissible. S 48 EA 95 tells us that a party may adduce evidence f the cntents f a dcument by tendering the dcument in questin by any f the methds specified in this sectin. Remember, this sectin des nt make the evidence admissible. Just because dcuments will be allwed t prve things desn t mean that the cntent f the dcument will be admissible. Prf f vluminus r cmplex dcuments S 50(1) EA 95 tells us that the curt may, n the applicatin f a party, direct that the party may adduce evidence f the cntents f 2 r mre dcuments in questin in the frm f a summary if the Curt is satisfied that it wuld nt therwise be pssible cnveniently t examine the evidence because f the vlume r cmplexity f the dcuments in questin. S 50(2) EA 95 tells us that the Curt may nly make such a directin if the party seeking t adduce the evidence in the frm f a summary has: (a) Served n each ther party a cpy f the summary that disclses the name and address f the persn wh prepared the summary, and (b) Given each ther party a reasnable pprtunity t examine r cpy the dcument in questin. S 50(3) EA 95 tells us that the pinin rule des nt apply t evidence adduced in accrdance with a directin under this sectin. Electrnic cmmunicatins is an exceptin t the hearsay rule S 71 EA 95 tells us that the hearsay rule des nt apply t a representatin cntained in a dcument recrding an electrnic cmmunicatin s far as the representatin is a representatin as t: (a) the identity f the persn frm whm r n whse behalf the cmmunicatin was sent, r (b) the date n which r the time at which the cmmunicatin was sent, r (c) the destinatin f the cmmunicatin r the identity f the persn t whm the cmmunicatin was addressed. Evidence prduced by prcesses, machines and ther devices S 146(1) EA 95 tells us that this sectin applies t a dcument r thing that: (a) is prduced whlly r partly by a device r prcess, and (b) that is tendered by a party wh asserts that, in prducing the dcument r thing, the device r prcess has prduced a particular utcme S 146(2) EA 95 tells us that if it is reasnably pen t find that the device r prcess is ne that, r is f a kind that, if prperly used, rdinarily prduces that utcme, it is presumed (unless evidence sufficient t raise dubt abut the presumptin is adduced) that, in prducing the dcument r thing n the ccasin in questin, the device r prcess prduced that utcme. Dcuments prduced by prcesses, machines and ther devices in the curse f business 4
5 S 147(1) EA 95 tells us that this sectin applies t a dcument r thing that: (a) is prduced whlly r partly by a device r prcess, and (b) that is tendered by a party wh asserts that, in prducing the dcument r thing, the device r prcess has prduced a particular utcme S 147(2) EA 95 tells us that if: (a) the dcument is, r was at the time it was prduced, part f the recrds f, r kept fr the purpses f, a business (whether r nt the business is still in existence) and (b) the device r prcess is r was at that time used fr the purpses f the business; It is presumed (unless evidence sufficient t raise dubt abut the presumptin is adduced) that, in prducing the dcument r the ccasin in questin, the device r prcess prduced that utcme. S 147(3) EA 95 tells us that S 147(2) des nt apply t the cntents f a dcument that was prduced: (a) fr the purpses f cnducting, r fr r in cntemplatin f r in cnnectin with, an Australian r verseas prceeding, r (b) in cnnectin with an investigatin relating r leading t a criminal prceeding. Attestatin f dcuments S 149 EA 95 tells us that it is nt necessary t adduce the evidence f an attesting witness t a dcument (nt being a testamentary dcument) t prve that the dcument was signed r attested as it purprts t have been signed r attested. Pstal articles S 160(1) EA 95 tells us that it is presumed (unless evidence sufficient t raise dubt abut the presumptin is adduced) that a pstal article sent by prepaid pst addressed t a persn at a specified address in Australia r in an external Territry was received at that address n the 4 th wrking day, after having been psted. S 160(2) EA 95 tells us that this sectin des nt apply if the : (a) prceeding relates t a cntract, and (b) all the parties t the prceeding are parties t the cntract, and (c) s 160(2)(a) is incnsistent with a term f the cntract. S 160(3) EA 95 tells us that a wrking day means a day that is nt: A Saturday r Sunday, r A public hliday r a bank hliday in the place t which the pstal article was addressed. Electrnic cmmunicatins S 161(1) EA 95 tells us that if a dcument purprts t cntain a recrd f an electrnic cmmunicatin ther than ne referred t in s 162 (lettergrams and telegrams), it is presumed (unless evidence sufficient t raise dubt abut the presumptin is adduced) that the cmmunicatin: (a) was sent r made in the frm f electrnic cmmunicatin that appears frm the dcument t have been the frm by which it was sent r made; and (b) was sent r made by r n behalf f the persn by r n whse behalf it appears frm the dcument t have been sent r made, and (c) was sent r made n the day n which, at the time at which and frm the place frm which it appears frm the dcument t have been sent r made, and (d) was received at the destinatin t which it appears frm the dcument t have been sent; and (e) if it appears frm the dcument that the sending f the cmmunicatin cncluded at a particular time was received at that destinatin at that time. S 161(2) EA 95 tells us that s 161(1) des nt apply if: (a) prceeding relates t a cntract, and (b) all the parties t the prceeding are parties t the cntract, and (c) this prvisin is incnsistent with a term f the cntract. Categry 2: Testimnial evidence S 12 EA 95 tells us that every persn wh is cmpetent t give evidence can give evidence. E.g. a five year ld child culd give evidence if they can demnstrate cmpetence Cmpetence and cmpellability f defendant s in criminal prceedings 5
6 S 17(2) EA 95 tells us that a defendant is nt cmpetent t give evidence as a witness fr the prsecutin. S 17(3) EA 95 tells us that an assciated defendant is nt cmpellable t give evidence fr r against a defendant in a criminal prceeding, unless the assciated defendant is being tried separately frm the defendant. Determining cmpetency S 13(1) EA 95 tells us that a persn is nt cmpetent t give evidence abut a fact if, fr any reasn, the persn des nt have the capacity t understand a questin abut the fact, r the persn des nt have the capacity t give an answer that can be understd t a questin abut a fact. Reasns culd include mental, intellectual r physical disability. S 13(3) EA 95 tells us that a persn wh is cmpetent t give evidence abut a fact is nt cmpetent t give swrn evidence abut the fact if the persn des nt have the capacity t understand that, in giving evidence, he r she is under an bligatin t give truthful evidence. Can a child give truthful evidence? Children are nt mre likely t lie than adults; hwever they can get cnfused mre easily. They may nt knw they are telling lies. S 13(5) EA 95 tells us that if smene is nt cmpetent t give evidence because f this subsectin, they can then give unswrn evidence if the Curt has tld the persn that it is imprtant t tell the truth, that he r she may be asked questins that they d nt knw, and that they may be asked questins that suggest certain statements are true r untrue. Spuses can bject t giving testimnial evidence S 18(2) EA 95 tells us that if a persn is the spuse, de fact partner, parent r child f a defendant, they may bject t giving evidence. S 19 EA 95 tells us that S 18 des nt apply in prceedings fr an ffence against a prvisin f Part 2, 2A, 3, 4 r 5 f the Crimes Act 1900, etc. Categry 3: Real r ther evidence This is basically anything else, i.e. anything that isn t dcumentary r testimnial. An example wuld be the gun that was used in the crime. It has a direct cnnectin. This evidence is directly perceived by the jury S 53(1) EA 95 tells us that a judge may rder fr a demnstratin, experiment r inspectin t be held. S 52 EA 95 tells us that this Act des nt affect the peratin f any Australian law r rule f practice s far as it permits evidence t be adduced in a way ther than by witnesses giving evidence r dcuments being tendered in evidence. This sectin is basically stating that the cmmn law is preserved S 52 EA 95 tells us that the cmmn law psitin is preserved Kzul v R Facts: There was an altercatin between A and D, upn which A refused D admissin int a cabaret club. The tw men ended up in a struggle. D said t A I ll kill yu, and made a mvement, which A thught was D reaching fr his knife. A drew a gun frm his belt, but did nt intend t fire the gun. Then D struck A n the right hand ( the blw ) which caused the gun t g ff and struck a taxi. In Curt, the jury cnducted an experiment using the gun used t try and determine whether a blw culd cause the gun t g ff. They did this experiment in a back rm f the Curt. Issue: The issue was whether r nt this experiment was allwed. Held: The learned trial judge had erred by suggesting that the jury shuld cnduct an experiment designed in part t discver the extent t which a blw t the hand might cause a finger t mve, whether by reflex actin r in spntaneus respnse t emtin. In the circumstances f this case, an experiment cnducted by the jury fr such a purpse wuld have gne beynd an 6
7 examinatin and evaluatin f the evidence prvided by the gun, and wuld have had the purpse f gathering additinal evidence. Reasns fr why it was held this way: Parties are the nes wh can present evidence. The jury is nt allwed t g in search f evidence The jury cnducted their wn experiment in the jury rm Inspectin is different t experimentatin All f the evidence has t be in pen curt, t give the defendant a chance t bject r intervene. It s nt fair t the defendant fr the experiment t be cnducted ut f view in a back rm f the Curt. The jury culd have dne the demnstratin in Curt. The main prblem here was the fact that the experiment was dne behind clsed drs in the jury rm. Cnclusin: Despite the trial judge s errr, the Curt fund that there had been n miscarriage f justice and that the matter did nt warrant special leave t appeal. What is the pint f an appeal? The appeal culd be made in the hpes f getting let ff etc, but in this particular case, even if the errr hadn t been made, there was still an verwhelming amunt f evidence which still pinted t D being guilty. Appeals dn t always get yu ff hwever, they still need t ccur t rectify errrs in pints f law and get the crrect pint f law acrss. Experiments cnducted during case ut f curt This case was incrprated int law under s 53(4) EA 95 which tells us that the curt (including the jury) is nt t cnduct an experiment in the curse f its deliberatins. GIO v Bailey What happened: In this case, the judge fund the accused guilty. In explaining his reasns fr why he fund s, he said that furthermre, I have bserved the plaintiff s demeanur as she walked thrugh the back f the curtrm each day. Issue: The statement he made was his wn evidence; it was nt evidence that was presented by the parties. Cnclusin: A judge can t d his wn discvery either. A judge can t take smething int accunt if it hasn t been given the pprtunity t be tested. In curt demnstratins Evans v The Queen Facts: P had required D at trial t dress up in a balaclava and veralls (what the persn wh cmmitted the crime was allegedly wearing) and t walk in frnt f the jury and say particular wrds. Issue: Shuld this in huse demnstratin have been allwed cnsidering s 53 EA 95? Held: A view was an ut f curt examinatin f land r f chattels t large t be taken int curt. The purpse f a view was t assist the trier f the fact, by enabling an examinatin f the dimensins, appearance and relative psitins f the features f the things viewed t understand and weigh the ral evidence. Cnclusin: This case cncluded that s 53 EA 95 des nt apply t in-curt demnstratins, experiments and inspectins. This means all in-curt ther evidence is gverned by cmmn law. Re v Milat Facts: Ivan did nt want t g t the frest. When there is a view, all parties f the case need t be present. Issue: The questin fr the Curt was whether r nt they culd g anyway. 7
Common Evidentiary Predicates to Authenticate Evidence
Cmmn Evidentiary Predicates t Authenticate Evidence 1. Phtgraphs Rule 901. Identify and cnfirm that phtgraph is fair and accurate representatin f what is depicted. See Huffman v. State, 746 S.W.2d 212,
More informationSUMMARY LAW OF EVIDENCE INTRODUCTION
SUMMARY LAW OF EVIDENCE INTRODUCTION What is Evidence? Evidence is the material ffered in curt during a trial fr the purpse f enabling the finder f fact t reach a decisin n the issues in dispute. (Rberts)
More informationOXON CHURCH OF ENGLAND PRIMARY SCHOOL COMPLAINTS POLICY
OXON CHURCH OF ENGLAND PRIMARY SCHOOL COMPLAINTS POLICY HOW TO RAISE A CONCERN INFORMAL STAGE Class teachers are the usual first pint f cntact fr any cncerns. Mst cncerns are reslved infrmally thrugh cnversatins
More information- Problems with e-filing, especially for people from lower-income backgrounds. - Receiving memos / communication from one side and not the other
State Curt Training Mediatin: Beynd the Basics Jhn Lande and Susan M. Yates Nvember 3, 2017 Linked frm Stne Sup: Takeaways Frm New Hampshire Mediatin Training Mediatins frm Hell - Prblems with e-filing,
More informationIf at all possible, it is strongly recommended that you get advice from a lawyer to help you with this application.
BACKGROUNDER What are my ptins frm here? If yu have been denied Legal Aid and cannt affrd t pay fr a lawyer, there is anther ptin. Yu can apply t the Nva Sctia Prvincial Curt t ask fr a lawyer wh will
More informationActivities: Teacher lecture (background information and lecture outline provided); class participation activity.
Curts in the Cmmunity Clrad Judicial Branch Office f the State Curt Administratr Lessn: Hw the Appellate Prcess Wrks Objective: Understand what happens t a case when it leaves the trial curts. (Clrad Mdel
More informationGENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT
GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT SUBJECT: EYEWITNESS IDENTIFICATION NUMBER: 6.3.4 ISSUED: 5/6/09 SCOPE: All Swrn Persnnel EFFECTIVE: 5/6/09 DISTRIBUTION: General Orders Manual RESCINDS 34.1
More informationMLL334 Evidence LAW EXAM NOTES James Moore
MLL334 Evidence LAW EXAM NOTES James Mre SUMMARY UEA test f admissibility f evidence = 1. Is the witness cmpetent? 2. Is the evidence relevant? 3. Is the evidence excluded by applicatin f exclusinary rule
More informationCBA Response to Private Prosecuting Association Consultation entitled. Private Prosecutions Consultation. 6 th March 2019
CBA Respnse t Private Prsecuting Assciatin Cnsultatin entitled Private Prsecutins Cnsultatin 6 th March 2019 Intrductin 1. The CBA represents the views and interests f practising members f the criminal
More informationEVIDENCE NOTES
EVIDENCE NOTES 2014 1 1. INTRODUCTION The Evidence Act 1995 (Cth& NSW) (hereafter EA ) is the primary surce f law relating t issues f evidence and serves a number f purpses. They include: Adducing Evidence
More informationNational Criminal History Record Check (NCHRC) Application Consent to Obtain Personal Information - December 2011
Natinal Criminal Histry Recrd Check (NCHRC) Applicatin Cnsent t Obtain Persnal Infrmatin - December 2011 University/Agency Name: Curse r Psitin Title: Applicant details: (Applicant t print all details)
More informationCALIFORNIA EVIDENCE ESSAY WORKSHOP PROFESSOR CHRISTOPHER IDE-DON UC DAVIS SCHOOL OF LAW
CALIFORNIA EVIDENCE ESSAY WORKSHOP PROFESSOR CHRISTOPHER IDE-DON UC DAVIS SCHOOL OF LAW CHAPTER 1: STRATEGIES; SUMMARY OF ISSUES; SUBSTANTIVE LAW A. General Strategies 1. If the call f the questin is silent,
More informationAttending the Coroner s Court as a witness and how to give evidence
briefing July 2017 Attending the Crner s Curt as a witness and hw t give evidence Intrductin... 1 Cmmn cncerns f witnesses... 2 The inquest prcess... 2 Preparing fr the inquest... 3 Yur evidence... 3 Refresh
More informationAdjourning Licensing Hearings
Adjurning Licensing Hearings Sarah Clver, Barrister and Head f Licensing at N 5 Chambers gives her pinin n a cmmn practical prblem cncerned with adjurning licensing hearings.. An issue which appears t
More informationCONTEMPT. This packet contains forms and information on: How to File a Petition for Citation of Contempt
CONTEMPT This packet cntains frms and infrmatin n: Hw t File a Petitin fr Citatin f Cntempt It is advisable t have an attrney when filing legal papers t be sure that yur rights are prtected and that all
More informationCOURT FACILITY EQUAL ACCESS POLICY
COURT FACILITY EQUAL ACCESS POLICY Gvernment Cde 7284.8(a ALEX CALVO COURT EXECUTIVE OFFICER CLERK OF THE COURT Superir Curt f Califrnia Cunty f Santa Cruz 701 Ocean Street Santa Cruz, Califrnia 95060
More informationMICHIGAN CONTRACTS & SALES DISTINCTIONS PROFESSOR ANNE LAWTON MICHIGAN STATE UNIVERSITY COLLEGE OF LAW
MICHIGAN CONTRACTS & SALES DISTINCTIONS PROFESSOR ANNE LAWTON MICHIGAN STATE UNIVERSITY COLLEGE OF LAW CHAPTER 1: CONTRACT FORMATION AND MODIFICATION A. OFFER General rule: Time perid fr a cntract is a
More informationRole Play Magistrate Court Hearings Teacher information
Rle Play Magistrate Curt Hearings Teacher infrmatin These ntes are prvided s that teachers can guide students thrugh preparatry activities befre presenting a rle play at the Law Curts Cnnecting t the curriculum
More informationEyewitness Identification. Professor Nancy K. Steblay Augsburg College Minneapolis
Eyewitness Identificatin Prfessr Nancy K. Steblay Augsburg Cllege Minneaplis The 2016 Criminal Justice Institute August 22 & 23, 2016 The Science f Eyewitness Memry and Identificatin Evidence (Prfessr)
More informationFACULTY OF HEALTH SCIENCES A QUICK AND UNDERSTANDABLE GUIDE TO COPYRIGHT AND PLAGIARISM POLICIES
FACULTY OF HEALTH SCIENCES A QUICK AND UNDERSTANDABLE GUIDE TO COPYRIGHT AND PLAGIARISM POLICIES Cmpiled by Dr G Myers Witwatersrand Health Sciences Library Nvember 2007 WHAT IS COPYRIGHT? Cpyright is
More informationDATA REQUEST GUIDELINES
DATA REQUEST GUIDELINES This dcument describes prcedures law enfrcement authrities and individuals invlved in civil litigatin shuld fllw t request data frm LinkedIn and its affiliated service prviders.
More informationGuardianship & Conservatorship In Virginia
Guardianship & Cnservatrship In Virginia This bklet is prduced by the Virginia Guardianship Assciatin in cperatin with the Virginia Center n Aging the Virginia Calitin fr the Preventin f Elder Abuse &
More informationMulti-Agency Guidance (Non Police)
Multi-Agency Guidance (Nn Plice) Dmestic Vilence prtectin Ntices Dmestic Vilence Prtectin Orders Sectins 24-33 crime and security Act 2010 Cntents: Page Intrductin 2 Multi-Agency Engagement 2 Criteria
More informationChapter 4: Proof. The level at which a case must be proven that is, the degree to which the legal burden must be discharged.
Simn Dicksn 1! Evidence Law Summary General: Chapter 4: Prf Burdens f prf are divided int legal and evidentiary burdens f prf, and the laws applicable are als divided between civil and criminal standards.
More informationMASSACHUSETTS WILLS PROFESSOR KENT SCHENKEL NEW ENGLAND SCHOOL OF LAW
MASSACHUSETTS WILLS PROFESSOR KENT SCHENKEL NEW ENGLAND SCHOOL OF LAW CHAPTER 1: INTRODUCTION AND INTESTATE SUCCESSION A. Intrductin When yu encunter a wills and estates questin n the bar exam, yu first
More informationThe Genuine Temporary Entrant (GTE) Requirement (Recommendations 1 and 2)
The Genuine Temprary Entrant (GTE) Requirement (Recmmendatins 1 and 2) The fllwing infrmatin prvides further detail n the planned Knight Review changes t the student visa prgram. Frequently asked questins
More informationNUTS AND BOLTS OF PERFORMING NOTARIAL ACTS. Kathleen Butler, Executive Director American Society of Notaries Austin, TX August 30, 2017
NUTS AND BOLTS OF PERFORMING NOTARIAL ACTS Kathleen Butler, Executive Directr American Sciety f Ntaries Austin, TX August 30, 2017 TODAY S DISCUSSION WHY are dcuments ntarized? WHAT are a Ntary s fundamental
More informationMASSACHUSETTS CRIMINAL PROCEDURE DISTINCTIONS PROFESSOR ISAAC BORENSTEIN SUFFOLK UNIVERSITY LAW SCHOOL
MASSACHUSETTS CRIMINAL PROCEDURE DISTINCTIONS PROFESSOR ISAAC BORENSTEIN SUFFOLK UNIVERSITY LAW SCHOOL CHAPTER 1: THE FOURTH AMENDMENT AND MASSACHUSETTS LAW A. General Principles In rder fr the Furth Amendment
More informationPrinted copies are for reference only. Please refer to the electronic copy in Scouts.ca for the latest version.
Prcedure Title: Temprary Suspensin and Discipline Prcedure Number: 13020.1 Dcument Owner: Directr f Child and Yuth Safety Apprval Date: Nvember 13, 2013 Apprver: Natinal Leadership Team Related Plicy:
More informationFACULTY OF LAW LAWS5013 EVIDENCE
R. M.!! 1 FACULTY OF LAW LAWS5013 EVIDENCE Tpics: Intrductin Admissibility f evidence - Admissins Prf - Part 1 Admissibility f evidence - Credibility Adducing Evidence - Witnesses & Real evidence Admissibility
More informationLEGAL BRIEF SMALL CLAIMS COURT JANUARY 2016
LEGAL BRIEF SMALL CLAIMS COURT JANUARY 2016 PREPARED BY NELLIS LAW CENTER, 4428 England Ave (Bldg 18), Nellis AFB, Nevada 89191-6505 702-652-5407, Appt. Line 702-652-7531 SMALL CLAIMS COURT This handut
More informationINTEGRITY COMMISSION BILL
The fllwing is the Barbads Labur Party s draft Integrity Cmmissin Bill. We invite yu, the members f the public, t cmment n this Bill as we intend after taking int accunt yur suggestins t have this enacted
More informationFLORIDA S DEPENDENCY BENCHBOOK BENCHCARD: PSYCHOTROPIC MEDICATION HEARING
FLORIDA S DEPENDENCY BENCHBOOK BENCHCARD: PSYCHOTROPIC MEDICATION HEARING Items in bld fnt are required by Flrida Statutes. If the child cmes int care with psychtrpic medicatin already prescribed. DCF
More informationWITH RECENT CHANGES ISSUED BY THE CFPB, FINAL REMITTANCE TRANSFER REGULATIONS TO BECOME EFFECTIVE FEBRUARY 7, 2013
Financial Institutins Client Service Grup T: Our Clients and Friends September 19, 2012 WITH RECENT CHANGES ISSUED BY THE CFPB, FINAL REMITTANCE TRANSFER REGULATIONS TO BECOME EFFECTIVE FEBRUARY 7, 2013
More informationSupervised Legal Practice Guidelines (Legal Profession Act 2008)
Supervised Legal Practice Guidelines (Legal Prfessin Act 2008) It is a legislative requirement that fllwing admissin and the btaining f a practising certificate, a lcal legal practitiner can nly engage
More informationAlternative Measures for Adult Offenders ALT 1. March 1, 2018 CHA 1 CHI 1 CRI 1 FIR 1 HAT 1 IPV 1 SEX 1
Plicy: Alternative Measures fr Adult Offenders Plicy Cde: Effective Date: Crss-references: ALT 1 March 1, 2018 CHA 1 CHI 1 CRI 1 FIR 1 HAT 1 IPV 1 SEX 1 Sectin 717(1) f the Criminal Cde prvides in part
More informationINSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS
INSTRUCTIONS FOR VACATING MISDEMEANOR AND GROSS MISDEMEANOR CONVICTIONS Washingtn law permits the vacatin f sme misdemeanr r grss misdemeanr cnvictins. Vacatin f a cnvictin releases yu frm all penalties
More informationOHIO CRIMINAL PROCEDURE DISTINCTIONS PROFESSOR RIC SIMMONS THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW
A. Furth Amendment OHIO CRIMINAL PROCEDURE DISTINCTIONS PROFESSOR RIC SIMMONS THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW PRE-TRIAL: SEARCHES, WARRANTS, ARRAIGNMENT, GRAND JURY, DISCOVERY Under OHIO
More informationSUBSTITUTED JUDGMENT AND EXTRAORDINARY TREATMENT. Substituted Judgment--Overview
SUBSTITUTED JUDGMENT AND EXTRAORDINARY TREATMENT Substituted Judgment--Overview An exceptin t the general apprach t judicially-rdered alternative decisin making cncerns medical prcedures and treatment
More informationORGANIZING A LEGAL DISCUSSION (IRAC, CRAC, ETC.)
ORGANIZING A LEGAL DISCUSSION (IRAC, CRAC, ETC.) Intrductin The rganizatin f yur writing will determine whether r nt a reader will understand and be persuaded by yur argument. Brilliant rhetric will nly
More informationMeasuring Public Opinion
Measuring Public Opinin We all d n end f feeling and we mistake it fr thinking. And ut f it we get an aggregatin which we cnsider a bn. Its name is public pinin. It is held in reverence. It settles everything.
More informationNorthern Source, LLC v Kousouros 2012 NY Slip Op 33203(U) February 22, 2012 Sup Ct, NY County Docket Number: /2008E Judge: Paul G.
Nrthern Surce, LLC v Kusurs 2012 NY Slip Op 33203(U) February 22, 2012 Sup Ct, NY Cunty Dcket Number: 650325/2008E Judge: Paul G. Feinman Republished frm New Yrk State Unified Curt System's E-Curts Service.
More information! EQUITY! LAWS%2015%!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1!
EQUITY LAWS%2015% 1 TheHistryandNaturefEquity WhatisEquity?HistryandNaturefEquity Equityreferstthebdyfcases,maxims,dctrines,rules,principlesandremediesthatderive frmthespecificjurisdictinestablishedbythecurtfchancery.itremainsakeypillarfthe
More informationEvidence Law LAWS5013
Evidence Law LAWS5013 Table f Cntents (1) INTRODUCTION 4 (A) INTRODUCTION 4 (I) THE ADVERSARIAL SETTING OF EVIDENCE LAW 4 (B) THE TRIAL PROCESS 4 (C) RELATIONSHIP BETWEEN THE EVIDENCE ACTS, THE CL AND
More informationCONTRACT LAW IN GENERAL: R
CONTRACT LAW IN GENERAL: R 1. Cntract Defined A cntract is a prmise r a set f prmises fr the breach f which the law gives a remedy, r the perfrmance f which the law in sme way recgnizes as a duty. R 2.
More informationTEXAS AGENCY PROFESSOR WILLIAM BIRDTHISTLE CHICAGO KENT COLLEGE OF LAW
TEXAS AGENCY PROFESSOR WILLIAM BIRDTHISTLE CHICAGO KENT COLLEGE OF LAW CHAPTER 1: CREATING THE AGENCY RELATIONSHIP Every agency relatinship must have the principal and the agent. d things n behalf f the
More informationEvidence Outline Goldwasser RELEVANCY & PROBATIVE VALUE
Evidence Outline Gldwasser RELEVANCY & PROBATIVE VALUE FRE 401 Relevant evidence is any evidence having any tendency t make the existence f any fact that is f cnsequence t the determinatin f the actin
More informationI. TRIAL OBJECTIVES. of your hand. A trial attorney must be able to understand the Rules of Evidence and
I. TRIAL OBJECTIVES Intrductin. T be successful in trial, yu shuld knw yur Rules like the back f yur hand. A trial attrney must be able t understand the Rules f Evidence and knw hw t use them. Failure
More informationINFORMATION ON THE SELECTION PROCESS OF JUDGES AT THE UNIFIED PATENT COURT
INFORMATION ON THE SELECTION PROCESS OF JUDGES AT THE UNIFIED PATENT COURT Please read carefully the infrmatin n the selectin prcess f Unified Patent Curt (UPC) judges, the eligibility criteria, as well
More informationPENNSYLVANIA CONFLICT OF LAWS PROFESSOR KEVIN P. OATES DREXEL UNIVERSITY THOMAS R. KLINE SCHOOL OF LAW
PENNSYLVANIA CONFLICT OF LAWS PROFESSOR KEVIN P. OATES DREXEL UNIVERSITY THOMAS R. KLINE SCHOOL OF LAW CHAPTER 1: FULL FAITH AND CREDIT FOR JUDGMENTS Three Main Tpics in Cnflict f Laws: Full faith and
More informationMock Trial Competition Manual 2018
Manual 2018 Cntents 1. Cmmunity Endrsed Prgramme... 4 Attendance Rlls (WACE Endrsement Recrd)... 4 2. Cmpetitin Timetable... 5 Administratin... 5 Infrmatin Sessin... 5 Runds... 5 Finals... 5 3. Rules...
More informationComing your way now - the New Coroners Regulations and Rules
briefing July 2013 Cming yur way nw - the New Crners Regulatins and Rules 1 Intrductin July 25th sees the first fundamental change t Crnial prcedures in ur lifetime cme int frce. They are designed t last
More informationBob Simpson: Director of Intergovernmental Relations, Inuvialuit Regional Corp.
Bb Simpsn: Directr f Intergvernmental Relatins, Inuvialuit Reginal Crp. The Inuvialuit Arbitratin Prcess It is very unique the nly example f binding arbitratin in a land claim agreement; ther land claims
More informationLLB#170#!Law$of$Contract$B"
LLB#170# Law$f$Cntract$B" Chapter"12" "identifying"the"express"terms" Inidentifyingthetermsfacntractthecurtstrytgiveeffectttheintentinsfthe parties. Hwever,thecurtsuseanbjectiveapprachinassessingtheparties
More informationChild migration (subclass 101, 102, 445 and 117)
Child migratin (subclass 101, 102, 445 and 117) Applicatin Dcument Checklist (Thailand and Las) Hw d I ldge my applicatin? All applicatins shuld be ldged in persn at an Australian Visa Applicatin Centre
More informationSTALKING PROTECTION BILL EXPLANATORY NOTES
STALKING PROTECTION BILL EXPLANATORY NOTES What these ntes d These Explanatry Ntes relate t the Stalking Prtectin Bill as intrduced in the Huse f Cmmns n 19 July. These Explanatry Ntes have been prvided
More informationCAPIC Submission on Part 16: Immigration and Refugee Protection Regulations (IRPR)
2017 CAPIC Submissin n Part 16: Immigratin and Refugee Prtectin Regulatins (IRPR) CAPIC SUBMISSION-PART 16: IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (IRPR) Cntents Intrductin... 2 Preamble... 2 Opinin/Input
More informationAnswer: The issue in this question is whether Donny acted in reliance of Ann s offer to get the reward of $1000.
MLC101 OFFER AND ACCEPTANCE Questin: It is the week befre ANZAC day and Ann s huse is rbbed. The thieves steal many items, including her Great grandfather s Wrld War 1 medals. Ann is distraught and puts
More informationDeferred Action for Parental Accountability (DAPA) Frequently Asked Questions December 4, 2014
Deferred Actin fr Parental Accuntability (DAPA) Frequently Asked Questins December 4, 2014 On Nvember 20, 2014, President Obama annunced executive actins t change immigratin plicy. One f these refrms,
More informationFD/FOC4037 USE THIS MISCELLANEOUS MOTION PACKET FOR
FD/FOC4037 USE THIS MISCELLANEOUS MOTION PACKET FOR THE FOLLOWING MOTIONS THAT MUST BE HEARD BY THE JUDGE, NOT THE REFEREE. THESE INCLUDE: Mtins regarding all spusal supprt issues, pst judgment, in all
More informationEngage MAT DBS Policy
Engage MAT DBS Plicy Date f ratificatin: Nvember 2017. Date f review: Nvember 2018..... Cntents 1. Intrductin... 3 2. Legal psitin... 4 3. Lcal authrity psitin... 6 4. The deplyment f staff... 7 5. Supply
More informationSTALKING PROTECTION BILL EXPLANATORY NOTES
STALKING PROTECTION BILL EXPLANATORY NOTES What these ntes d These Explanatry Ntes relate t the Stalking Prtectin Bill as brught frm the Huse f Cmmns n 26 Nvember 2018 (HL Bill 145). These Explanatry Ntes
More informationEXHIBIT A. LAPEER DISTRICT LIBRARY FREEDOM OF INFORMATION ACT (FOIA) PROCEDURES & GUIDELINES Effective July 1, 2015
EXHIBIT A LAPEER DISTRICT LIBRARY FREEDOM OF INFORMATION ACT (FOIA) PROCEDURES & GUIDELINES Effective July 1, 2015 The fllwing Freedm f Infrmatin Act Prcedures & Guidelines ( Prcedures & Guidelines ) are
More informationDefinitions of key legal terms
APPLYING FOR RELEASE PENDING TRIAL This leaflet cvers: Infrmatin abut FTI Definitins f key legal terms Infrmatin n release pending trial This bklet was last updated in February 2013 Abut Fair Trials Internatinal
More informationThe America Invents Act- What You Need To Know
The America Invents Act- What Yu Need T Knw Reprinted fr ChIPs Summit Octber 10, 2012 The Leahy-Smith America Invents Act Mst significant change t the Patent Act since 1952 Changes t patent prsecutin prcedures
More information1. Humanities-oriented academic essays are typically both analytical and argumentative.
Analysis & Argument 1. Humanities-riented academic essays are typically bth analytical and argumentative. As yu may recall, the pint f an academic paper is nt s much t tell me a bunch f static facts r
More informationVideo Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched
Garden State CLE 21 Winthrp Rad Lawrenceville, New Jersey 08648 (609) 895-0046 fax- 609-895-1899 Atty2starz@al.cm Vide Curse Evaluatin Frm Attrney Name Atty ID number fr Pennsylvania: Name f Curse Yu Just
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 12 July 2000 (28.07) (OR. fr) 10242/00 LIMITE ASILE 30
COUNCIL OF THE EUROPEAN UNION Brussels, 12 July 2000 (28.07) (OR. fr) 10242/00 LIMITE ASILE 30 OUTCOME OF PROCEEDINGS frm : Asylum Wrking Party n : 7 July 2000 N. prev. dc.: 9703/00 ASILE 28 Subject: Cnditins
More informationEstablishing the standard of care against which the D will be assessed;
Breach f Duty The task f determining whether a duty f care has been breached invlves a cmparisn f the defendant s cnduct with the standard f care required by the duty. Whenever the defendant s cnduct falls
More informationThe AIA s Impact on Patent Litigation. Prepared by Christopher Dillon
The AIA s Impact n Patent Litigatin Prepared by Christpher Dilln May 10, 2012 AIA s Litigatin Prvisins Virtual patent number marking allwed N mre jinder f unrelated defendants Failure t btain advice f
More informationCARL Backgrounder on the New Citizenship Act (formerly Bill C-24) INTRODUCTION
Primary Authr: Aris Daghighian CARL Backgrunder n the New Citizenship Act (frmerly Bill C-24) INTRODUCTION The Stephen Harper Cnservative gvernment s Bill C-24 amending the Citizenship Act is nw law, having
More informationImpact of Proffer Legislation Changes
Impact f Prffer Legislatin Changes General Infrmatin n New Statute VA Cde Sectin 5.2-2303.4 Senate Bill (SB) 549 206 Sessin Reprt Senate Bill (SB) 549 New Prffer Legislatin (Handut) Slide 9 & 0 frm Schl
More information1. BASIC CONCEPTS INTRODUCTION BASIC CONCEPTS MATERIAL FACTS. How to prove material facts in issue (Evidence " Material facts in issue)
(1) Basic Cncepts Nature f evidence 1. BASIC CONCEPTS 1 INTRODUCTION - The law f evidence: Regulates the prcess fr prving material facts; (Tgether with adversary system) Sets up a prcedure by which evidence
More informationINSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN
INSTRUCTIONS FOR FILING A COMPLAINT FOR DIVORCE WITHOUT MINOR CHILDREN GENERAL COMMENTS This is the packet fr peple wh want t file their wn divrce in Cbb Cunty, and wh d nt have any minr children tgether
More informationCJS 220. The Court System. Version 2 08/06/07 CJS 220
CJS 220 The Curt System Versin 2 08/06/07 CJS 220 CJS 220 The Curt System Prgram Cuncil The Academic Prgram Cuncils fr each cllege versee the design and develpment f all University f Phenix curricula.
More information7.0 Eagle/Cloverdale Alignment
Final Reprt September 2009 Suthwest Bise Transprtatin Study Page 39 7.0 Eagle/Clverdale Alignment CIM calls fr a cntinuus nrth suth rute between Kuna Mra Rad and the Eagle Rad/I 84 interchange. While CIM
More informationMHA or MCA a more flexible approach?
briefing 18 September 2013 MHA r MCA a mre flexible apprach? Fllwing the judgment in Re A v SLAM, readers shuld cnsider the prcess they fllw fr deciding whether t admit r discharge patients wh lack capacity.
More informationAGENCY PROFESSOR WILLIAM BIRDTHISTLE CHICAGO KENT COLLEGE OF LAW
AGENCY PROFESSOR WILLIAM BIRDTHISTLE CHICAGO KENT COLLEGE OF LAW CREATING THE AGENCY RELATIONSHIP Every agency relatinship must have a principal and an agent. Generally, an des things n behalf f the and
More informationMost Frequently Asked Questions
Mst Frequently Asked Questins f receive a full pardn can have a NO On June 10, 1999 the Gvernr and recrd sealed r expunged? criminal histry recrd. Cabinet determined that the granting f a full pardn des
More informationASSAULT DIAGRAM ASSAULT SUMMARY
ASSAULT DIAGRAM ASSAULT SUMMARY S 61 - Cmmn Assault: Whsever assaults any persn, althugh nt ccasining actual bdily harm, shall be liable t imprisnment fr tw years. ACTUS REUS 1. Unlawful physical cntact
More informationOpinions on Choice of Law, Forum Selection, Arbitration, and Enforcement of Foreign Judgments or Arbitral Awards in Cross-Border Transactions
Opinins n Chice f Law, Frum Selectin, Arbitratin, and Enfrcement f Freign Judgments r Arbitral Awards in Crss-Brder Transactins With increasing frequency U.S. lawyers are delivering clsing pinins t nn-u.s.
More informationFamily Law Legal Service Providers: Consultation Paper
Family Law Legal Service Prviders: Cnsultatin Paper Alternate Legal Service Prvider Wrking Grup Miriam Kresiv QC, Chair Nancy Merrill QC Craig Ferris QC Jeff Campbell QC Lisa Hamiltn QC September 2018
More informationSUBCHAPTER II - ADMINISTRATIVE PROCEDURE
SUBCHAPTER II - ADMINISTRATIVE PROCEDURE 551. Definitins. Fr the purpse f this subchapter - (1) ''agency'' means each authrity f the Gvernment f the United States, whether r nt it is within r subject t
More informationOFFICIAL MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA AUGUST 3, 2017
OFFICIAL MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA AUGUST 3, 2017 THURSDAY COMMISSION CHAMBERS 1:36 P.M. GOVERNMENTAL CENTER I. SWEARING IN NEW COMMISSIONER BY CHIEF
More informationModel Police Policy Body Worn Cameras. An Aid for Prosecutors
Mdel Plice Plicy Bdy Wrn Cameras An Aid fr Prsecutrs June 2016 INTRODUCTION This mdel plicy is created as a guide t prsecutrs wh are wrking with law enfrcement agencies t implement bdy wrn cameras. The
More informationSubjective intent is too slippery:
Scalia - Cmmn-Law Curts in a Civil Law System Lecture 1: Scalia begins by examining what he calls the cmmn law attitude. Lawyers are trained up in the traditin f cmmn law, distinguishing between cases
More informationMASSACHUSETTS PROFESSIONAL RESPONSIBILITY PROFESSOR ROBERT G. BURDICK BOSTON UNIVERSITY SCHOOL OF LAW
MASSACHUSETTS PROFESSIONAL RESPONSIBILITY PROFESSOR ROBERT G. BURDICK BOSTON UNIVERSITY SCHOOL OF LAW CHAPTER 1: INTRODUCTION, ADMISSION, AND THE SNITCH RULE A. Practical Tips Tip #1: Whenever yu see a
More informationRefugee Council response to the 21 st Century Welfare consultation
Refugee Cuncil respnse t the 21 st Century Welfare cnsultatin Octber 2010 Abut the Refugee Cuncil The Refugee Cuncil is a human rights charity, independent f gvernment, which wrks t ensure that refugees
More informationTrial by Jury. Very different from the criminal law right to trial by jury!!
Trial by Jury Very different frm the criminal law right t trial by jury!! The Right t a trial by Jury The right t a jury applies in civil cases In suits at cmmn law, where the value in cntrversy shall
More informationSenate Bill 549 New Proffer Legislation
Senate Bill 549 New Prffer Legislatin Effect: Created Virginia Cde 15.2-2303.4, which limits the ability f lcal gvernments t request/accept prffers fr residential reznings/prffer amendments. 1 Applicability:
More informationMEMBER PROTECTION POLICY
Martial Arts Industry Assciatin Inc. August 2004 MEMBER PROTECTION POLICY POLICY STATEMENT The Martial Arts Industry Assciatin Inc (MAIA) member rganisatins and affiliated clubs, branches and states, is
More informationNYS Common Core ELA & Literacy Curriculum D R A F T Grade 12 Module 2 Unit 1 Lesson 7
12.2.1 Lessn 7 Intrductin In this lessn, students cntinue t read and analyze Henry David Threau s Civil Disbedience. Students read part 1, paragraphs 5 6 (frm The mass f men serve the state thus, nt as
More informationThe Judicial Branch. I. The Structure of the Judicial Branch: *U.S. Supreme Court
I. The Structure f the Judicial Branch: The judicial pwer f the United States, shall be vested in ne Supreme Curt, and in such inferir curts as the Cngress may frm time t time rdain and establish. The
More informationWest Tankers applies, so the Commercial Court points to other options in Nori Holdings Ltd v Bank Otkritie [2018] EWHC 1343 (Comm)
Maritime Bulletin Issue 8 www.4pumpcurt.cm West Tankers applies, s the Cmmercial Curt pints t ther ptins in Nri Hldings Ltd v Bank Otkritie [2018] EWHC 1343 (Cmm) Clarity has been restred fllwing the High
More informationRecording Secretary Participant Workbook Facilitators: Colin Treanor (UConn 2014) Jake Lueck (Kansas 2017)
The Fraternity f Phi Gamma Delta Internatinal Headquarters P. O. Bx 4599 1201 Red Mile Rad Lexingtn, KY 40544 www.phigam.rg Recrding Secretary Participant Wrkbk Facilitatrs: Clin Treanr (UCnn 2014) ctreanr@phigam.rg
More informationApplication for Authorisation
Applicatin fr Authrisatin Cnsumer Credit Sle trader appendix ntes Please take time t read these ntes carefully. They will help yu t fill in the Cnsumer Credit Sle Trader appendix frm crrectly. When cmpleting
More informationIEEE Tellers Committee Operations Manual
IEEE Tellers Cmmittee Operatins Manual IEEE 445 Hes Lane Piscataway, NJ 08854 USA Apprved by the IEEE Bard f Directrs Updated in June 2017 TABLE OF CONTENTS SECTION I - RESPONSIBILITIES... 3 FUNCTIONS
More informationFindings from the Federal, State, and Tribal Response to Violence Against Women in Indian Country Studies
Findings frm the Federal, State, and Tribal Respnse t Vilence Against Wmen in Indian Cuntry Studies Alisn Brks Martin Pstdctral Research Assciate Natinal Institute f Justice 14 th Indian Natins Cnference
More informationMARYLAND CONTRACTS DISTINCTIONS PROFESSOR BRENDAN HURSON UNIVERSITY OF MARYLAND CAREY SCHOOL OF LAW
MARYLAND CONTRACTS DISTINCTIONS PROFESSOR BRENDAN HURSON UNIVERSITY OF MARYLAND CAREY SCHOOL OF LAW CHAPTER 1: MARYLAND CONTRACTS DISTINCTIONS A. Frmatin f Cntracts 1. Mutual Assent Mutual assent: Offer
More informationFOR RESTRICTED AOs DIPLOMA IN POLICING ASSESSMENT UNITS Banked
Title: Y/507/3619 Use plice pwers t deal with Level: 3 Credit Value: 10 GLH: 40 Learning Outcmes The learner will: 1. understand the requirements fr using plice pwers when dealing with Assessment Criteria
More information