Burden of proof Essays

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A Potential Defamation Claim Advice

Matter: Prism Daily Probe article: Potential Defamation Claim by Derek Wheeton This memorandum sets out my advice concerning the article headlined “Crooked Local Businessman Cashes in on Charity Event” published on 17 October 2014 and the letter of claim received from solicitors acting for Mr. Wheeton dated 27 October 2014. You have asked me to […]

Pages: 6 Words: 1825 Topics: Advice, Burden Of Proof, Common Law, Government, Justice, Social Institutions, Virtue

Burden of Proof in Criminal and Common Law

“He who asserts must prove”. This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt [1] . However, there are exceptions to this in the form of both statutory exceptions and […]

Pages: 5 Words: 1399 Topics: Burden Of Proof, Comparative Law, Criminal Law, Deviance, Ethical Principles, Evidence, Jurisprudence, Morality
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The Children Act

Question 1 When looking at the threshold, it’s important that all factors are taken into consideration. The NSPCC’s research indicates that fewer than three children under the age of 10 were seriously injured or seriously injured every week. To give Lucy a fair overview, it will be important to take into account all facts concerned […]

Pages: 8 Words: 2500 Topics: Act, Burden Of Proof, Children, Common Law, Government, Justice, Social Institutions, Social Issues, Virtue

Civil and Criminal Procedures

Why is ‘civil procedure’ different from ‘criminal procedure?’ In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a […]

Pages: 10 Words: 2867 Topics: Burden Of Proof, Crime, Criminal Justice, Criminal Law, Criminal Procedure, Ethical Principles, Morality, Separation Of Powers

Institutional Functions and Disparate Connotations

In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individual’s familiar and residing in common law jurisdiction understand civil law to be a private area of law […]

Pages: 6 Words: 1856 Topics: Burden Of Proof, Civil Law, Common Law, Crime, Jurisprudence, Political, Political Science, Virtue

Burden of Proof

The legal or persuasive burden of proof is defined as the ‘burden of persuading the tribunal of fact, to the standard of proof required and on the whole of the evidence, of the truth or sufficient probability of every essential fact in issue’. In our scenario, the claimant will bear the legal burden of proving […]

Pages: 7 Words: 2210 Topics: Burden Of Proof, Confession, Crime, Ethical Principles, Evidence, Jury

Analysis Al Khawaja V UK

Hearsay rule is among the remarkable rules of the law of evidence which was first developed in English-speaking countries during the second half of the eighteenth and the first years of the nineteenth century. The admissibility of hearsay evidence has been a controversial issue while some people asserted that it should be abolished. In fact, […]

Pages: 10 Words: 2873 Topics: Burden Of Proof, Common Law, Criminal Procedure, Evidence, Jury, Witness

How and why some Conduct is Considered Unlawful

In order to understand unlawful conduct it is important to know the differences between civil and criminal law and fault. Factors which influence why conduct is considered unlawful and how conduct is labelled as unlawful will be looked at in depth in following paragraphs. For the purpose of this essay unlawful conduct may be defined […]

Pages: 4 Words: 1154 Topics: Burden Of Proof, Common Law, Copyright Infringement, Crime, Criminal Law, Social Institutions, Virtue

Law of Evidence

Law of evidence – scenario based The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Tactical considerations for […]

Pages: 7 Words: 1990 Topics: Burden Of Proof, Common Law, Evidence, Government, Jury, Justice, Witness

Standard of Proof Common Civil Law Comparative Perspective Law Essay

In both legal systems, common law and civil law, criminal and civil matters are the majority of issues occurring in legal proceeding. Criminal matters are legal affiliation between governments and citizens in which governments take a superior position. “Criminal process, typically although not exclusively, is initiated by the government or an agency of government, and […]

Pages: 8 Words: 2283 Topics: Burden Of Proof, Common Law, Criminal Procedure, Evidence, Jury, Witness

Taxability on Sale of Agricultural Land

Taxability on sale of Agricultural Land How to determine whether a land is agricultural land or not? Æ’Ëœ Agriculture income and sale of Agricultural Land Considering the effect of combined reading of the section 2 (1A) and 2 (14), the High Court has observed that capital gains arising from sale of land used for agricultural […]

Pages: 7 Words: 2226 Topics: Burden Of Proof, Common Law, Government, Justice, Social Institutions, Tax, Virtue

Criminal Litigation Process

Criminal litigation process This question raises issues of the criminal litigation process as well as evidential issues involved during the questioning of suspects and subsequent litigation. In the interests of proper case analysis, I have decided to deal with the parties in turn by considering the legal issues that arise in relation to each party’s […]

Pages: 9 Words: 2688 Topics: Burden Of Proof, Confession, Evidence, Jury, Morality, Separation Of Powers, Torture

Employment Law Race Religion

Employment law race religion Ben, Catriona, Amrit and Jenna all work for Styles For All Ltd Ben is an Orthodox Jew who currently works Mondays to Fridays. The company intends to introduce a shift system, and as a result he will have to work alternative Saturdays, which he does not feel able to do for […]

Pages: 8 Words: 2432 Topics: Burden Of Proof, Disability, Discrimination, Employment, Government, Justice, Race

Models for Change: Systems Reform in Juvenile Justice

Before there was an actual Juvenile Justice system, an English lawyer by the name of William Blackstone published Commentaries on the Laws of England, in which he identifies people who were incapable of committing crimes. One of the groups were identified as infants or those too young to fully understand their actions. By the ideals […]

Pages: 6 Words: 1703 Topics: Burden Of Proof, Capital Punishment, Crime, Juvenile Justice, Law Enforcement, Life Imprisonment, Morality, Prison
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