Burden Of Proof Essay Examples - Free Research Paper Topics on StudyDriver.com

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 is directed towards the punishment of an individual who is alleged to have contravened a rule of conduct for which such punishment has been made […]

Law of Evidence

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 both the prosecution and the defence will dictate the outcome of a number of the evidentiary and procedural issues highlighted here. The following analysis regarding the quality of Wendy’s eye 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 purposes would be revenue derived from such land and therefore, agricultural income within the definition under section 2 (1A) with the result that the parliament […]

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 of Blackstone, children under the age of seven could not be guilty of a felony – a serious crime such as kidnapping or murder. However, […]

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, segregates those statements which possess high probative value from hearsay evidence as exceptions of hearsay will undoubtedly fit the development tendency of history. Remove the […]

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 as any conduct that is forbidden by law. There are fundamental distinctions between civil and criminal law. In civil law a private party, known as […]

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 with Peter. For the local authority to get a care order, there are certain provisions which must be met. Part IV of the Children Act […]

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 defendant who pleads or is found guilty to keep him from acting in the same manner in the future and also to deter others from […]

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 which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion […]

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 consider the following matters: Whether the article is defamatory of Mr Wheeton including whether it meets the new s1 Defamation Act 2013 threshold (remember […]

Burden Of Proof Essays