...Like “presumption it has there obtained a restricted legal signification, and is used to of an inference, affirmative or dis-affirmative, of the existence of some fact, drawn by a judicial tribunal, by a process of probable reasoning, from some matter of fact, either judicially noticed or admitted or established by legal evidence to the satisfaction of the tribunal. Presumptions are drawn from the course of nature for instance, that night will follow day, the seasons follow each other, death ensues from a mortal wound, and the like; or from the course of human affairs from a familiarly with the ordinary springs of human action, from the usages of society, domestic relationship and transactions in business [Norton, p 97; see post, s 114].J Shortly speaking, a presume is an inference of fact drawn from other known or proved facts. It is a rule of under which courts are authorized to draw a particular inference from a particular fact unless and until the truth of such inference is disproved by other evidence. Divisions of Presumption: Presumption according to English test-written are: (a) Presumptions of fact or natural presumption: (b) Presumptions of law (rebuttable and irrebuttable); and (c) Mixed presumptions. Conclusive presumption : Presumption of fact or natural presumptions are inferences which are natural drawn from the experience and observation of the course of nature, the constitution of human mind, the springs of human...
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...CONCEPT OF RELEVANCE IN THE LAW OF EVIDENCE IS NOT AS STRAIGHTFORWAD AS IT APPEARS TO BE.” DISCUSS It is difficult to spell out a straightforward definition of the concept of relevance (Tapper, p71). In the R v Nethercott case, it was held that any two facts to which the concept of relevance is applied are so related to each other that according to the common course of events, one either taken by itself or in connection with other facts, proves or renders probable the past, present or future existence or non-existence of the other. According to Lord Simon in DPP v Kilbourne, “Evidence is relevant if it is logically probative of some matter which requires proof… It is sufficient to say … that relevant (that is, logically probative or disprobative) evidence is evidence which makes the matter which requires proof more or less probable” (Allen, p8). Essentially, relevant evidence is that which makes the matter requiring proof more or less probable. In this sense, relevance is arguably an absolute concept, as proof of one fact either makes the existence of another more probable, or it does not. Notwithstanding, relevance is often regarded as variable, just as evidence can be regarded as more or less relevant. Zuckerman describes relevance as “having a contextual and dynamic nature”, and the relevance of one fact to another can be judged on its own or in connection with other facts (Zuckerman, p46). This seems to relate more to the cogency of the evidence, given its relevance, but...
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...two concepts. According to Janab’s Key to Evidence, relevancy refers to the degree of connection and probative value between a fact that is given in evidence and the issue to be proved. Relevancy of facts had been provided from Section 5 to 55 of Evidence Act 1950. By referring to the illustration (a) provided in Section 5 where A is tried for the murder of B by beating him with a club with the intention of causing his death. There are three facts in issue to be proved - A’s beating B with the club; A’s causing B’s death by the beating; and A’s intention to cause B’s death. A fact is relevant when it is so related to the fact in issue, that they render the fact in issue probable or improbable. For example, to prove the third facts in issue in the example just now, the facts that A and B was having quarrel before the murder happens is relevant to prove the third facts in issue which is A’s intention to cause B’s death. Admissibility involves the process whereby the court determines whether the Law of Evidence permits that relevant evidence to be received by the court. The concept of admissibility is often distinguished from relevancy. Relevancy is determined by logic and common sense, practical or human experience, and knowledge of affairs. On the other hand, The admissibility of evidence, depends first on the concept of relevancy of a sufficiently high degree of probative value, and secondly, on the fact that the evidence tendered does not infringe any of the exclusionary...
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...QUESTION- 1) Bincangkan bagaimanakah pengecaman (identification) seseorang suspek boleh dibuat menurut Seksyen 9 (Akta Keterangan 1950). 2) Nyatakan juga permasalahan dan cabaran-cabaran (jika ada) yang terdapat dalam teknik pengecaman tersebut dengan merujuk kepada autoriti yang relevan. Identification of Person a)Identification by fingerprint Fingerprint Identification is the method of identification using the impressions made by the minute ridge formations or patterns found on the fingertips. No two persons have exactly the same arrangement of ridge patterns, and the patterns of any one individual remain unchanged throughout life. Fingerprints offer an infallible means of personal identification. Other personal characteristics may change, but fingerprints do not. By comparing fingerprints at the scene of a crime with the fingerprint record of suspected persons, officials can establish absolute proof of the presence or identity of a person. Fingerprint is a biometric modality that is often used in a security setting. Fingerprint databases are in use worldwide for the purposes of personal identification, border control as well as to facilitate criminal forensic investigation. Many countries have multiple fingerprint databases, with each database serving a specific purpose. In Malaysia, there are at least 4 different fingerprint databases; namely PDRM-MAFIS (Polis Di Raja Malaysia- Malaysian Automated Fingerprint Identification System), PDRM-BIOFIS (Polis...
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...There are a few differences between evidence and motive. Evidence is an available body of facts or just information that indicates whether a belief or action is true or valid. For example in homicide when there is DNA found at the crime scene linking the suspect to the crime. Evidence can be testimonial such as a witness to a crime or physical evidence such as hair, blood, fingernails, semen, fingerprints, and the list goes on and on. Now motive is the exact reason for doing something especially one that is hidden or not specifically obvious. Motive can give light as to why an act of crime was committed instead of just providing how, when, and where something happened. Explaining a certain act of violence on a specific motive can help seal a case especially if the motive was given by the suspect his or herself. Without motive the prosecution will have a harder time proving suspect to be guilty and would have to rely more on evidence. Summary of Laci Peterson Case...
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...whether or not the method which the evidence was obtained was generally accepted by experts in the field in which it belongs. 2. When did this standard come into effect and why? He Frye Standard came out of a 1923 legal decision (Frye V United States). It was a case discussing the admissibility of a polygraph test. James Frye was convicted of murder and first admitted his guilt then recanted his confession. The Frye Standard came when they tried to convict on a polygraph test which is not admissible as guilt in the court of law. The Frye Standard is now that all evidence must determine admissibility of an expert in his or her field. 3. Please explain when a forensic expert witness would have to attend a Daubert hearing. 4. What is a Daubert hearing? A Daubert hearing is when a counsel objects to a testimony or an expert in general. This hearing usually takes place before a trial and out of a jury’s presence. It is a hearing for a judge to determine if the testimony is an expert in his or her field. 5. What does it mean that the judge is the “keeper”? The judge has the final motion to determine if the testimony truly proceeds from scientific knowledge. 6. What would some tests for establishing "validity" be? The judge will determine if the expert has testified before on the testimony or the background he or she has in the field in which the testimony facts will be. The experience of the expert witness and the validity of the evidence itself. 7. Please explain...
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...United States: In Goldman v. Joined States (316 U.S. 129, 1942), data around a trick to cheat amid an insolvency case was caught toward one side of the discussion, and government operators utilized a detectaphone to upgrade sound waves originating from an adjoining office; the Court decided this was neither a "correspondence" nor did it damage Constitutional rights by blocking interchanges and confirmation acquired was not unlawfully got and there was no trespass to help identification (Justia.com, 2011). These cases guaranteed that law authorization could acquire data to be utilized as confirmation by electronic means insofar as there is no trespassing on the suspect's property. The trespass precept was deserted when the United States Supreme Court settled on a point of interest choice in Katz v. Joined States. Berger v. New York: In Berger v. New York (388 U.S. 41, 1967), the Supreme Court held that justices couldn't lawfully issued listening stealthily arranges taking into account police indicating sensible grounds that proof of a wrongdoing might be found; besides, the Court announced this to be illegal in that a warrant upheld by reasonable justification is important to secure authorization to catch a man's interchanges (Worral, 2012). These cases guaranteed the Constitutional...
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...EVIDENCE ACT, 2011 EXPLANATORY M E M O R A N D U M This Act repeals the Evidence Act, Cap. E14, Laws of the Federation of Nigeria, and enacts a new Evidence Act, 2011 w h i c h applies to all judicial proceedings in or before Courts in Nigeria. EVIDENCE ACT, 2011 ARRANGEMENT SECTION: I- GENERAL Evidence may be given of facts in issue and relevant facts. Evidence in accordance with section I generally admissible. Admissibility of evidence under other legislation. PART JI- RELEVANCY Relevance of facts forming part of same transaction. Facts which are the occasion, cause or effect or facts in issue. Motive, preparation and previous or sub-sequent conduct. Facts necessary to explain or introduce relevant facts. Things said or done by conspirator in reference to common intention. When facts not otherwise relevant become relevant. Certain facts relevant in proceedings for damages. Facts showing existence of state of mind, body or bodily feeling. Facts bearing on question whether act was accidental or intentional. Existence of course ofbus.ness. when relevant. PART PART OF SECTIONS o 3 4 5 6 7 8 9 ]0 II I::: jJ HI·- RELEVANO: AND ADMISSlIllLITY OF C~;j{TA{N EVJnPWE 14 ]5 J6 17 [8 J9 20 21 22 23 24 25 26 Discretion to exclude improperly obtained evidence. Matters court to take into account under section ]4. What customs admissible. Judicial notice of custom. Evidence of customs. Relevant facts as to how matter alleged to be custom understood .. Admission...
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...Resolution (“JDR”) 4. Exert efforts to settle the dispute amicably [Section 22.1(a)]. 5. If there is failure of JDR, discuss with the other party or counsel whether you intend the JDR judge to retain the case and preside over further proceedings [Section 22.2]. 6. File a joint written motion or manifestation requesting the court to retain the case, if mutually agreed upon by the parties [Section 22.2]. C. Judicial Affidavits 7. Request for the issuance of a subpoena ad testificandum or duces tecum if your intended witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or provide the relevant documentary and/or object evidence [Section 22.2(d)]. 8. If the court issues a subpoena as requested, personally serve the subpoena upon the intended witness and bear the cost of the expenses of the witness in appearing before the lawyer who will prepare or supervise the preparation of the judicial affidavit [Section 22.2(d)]....
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...requirements for the admissibility of expert evidence are clarified (French 2012). This essay will first discuss the facts of the case, followed by the technical requirements and perceived difficulties related to expert evidence identified by the court in this case. Facts Mr Hawchar, the respondent claimed damages from his employer, Dasreef Pty Ltd, the appellant as he was diagnosed with silicosis allegedly caused by the unsafe working environment. An expert, Dr Basden was retained to provide a report centering on the foreseeability of the alleged injury claimed by Mr Hawchar and procedures that Dasreef could take in reducing the risk of injury. The case originated in the Dust Diseases Tribunal where the judge relied on the estimate of the expert evidence in calculating the levels of silica Mr Hawchar was exposed to. This led to a finding that the level of exposure exceeded the applicable standard and was appealed by Dasreef before the Court of Appeal as to the admissibility of the expert’s report. The Court of Appeal dismissed the appeal on the basis that the estimate provided in the report was drawn from the expert’s experience, and thus admissible. The admissibility issue of the expert evidence was then brought to the High Court before the judges, French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ with Justice Heydon dissented from the majority. It should be noted that the majority analysed the admissibility issue under the Evidence Act while Justice Heydon took a different...
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...IN THE CIRCUIT COURT OF THE _________ JUDICIAL CIRCUIT, IN AND FOR ______ COUNTY, FLORIDA CIRCUIT CIVIL DIVISION BANK ____; Plaintiff, vs. JOHN SMITH, et al., Defendants. _________________________________________/ Case No.: _____________ MEMORANDUM OF LAW IN SUPPORT OF ADMISSION OF BUSINESS RECORDS AT TRIAL COMES NOW the Plaintiff, BANK by and through its undersigned counsel, and pursuant to Fla. Stat. 90.803(6) files this Memorandum of Law in Support of the Admission of its Business Records at the trial of this case held on March 7, 2012. MEMORANDUM OF LAW This is a mortgage foreclosure action which was tried on March 7, 2012. At the trial of this case, Plaintiff’s representative appeared as the Records Custodian and corporate representative of the Plaintiff, Bank. In seeking to introduce the admission of the Note, Mortgage, payment history, demand letter (Intent to Accelerate), and The Plaintiff’s Records Custodian testified under oath: a. That the records sought to be introduced were made at or near the time of the event; b. The records were made by or from information transmitted by a person with knowledge; c. The records were kept in the ordinary course of a regularly conducted business activity; d. And that it was a regular practice of Bank of America to make such a record. Pursuant to Fla. Stat. 90.803(6) this testimony is sufficient for the introduction of the Plaintiff’s records under the Business Records exception...
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...containing information to a case Judy is currently working on. Even though the case was public and Alesha read it aloud Judy was still not able to give any information to Alesha due to confidently laws that protect the client. Information made public can always be false, newspapers always want to create drama sometimes creating more of the situation when that is not the case. In the second scenario Judy did the right thing by telling Alesha she shouldn’t believe everything she reads and that it was not a good idea to talk about the case where there are so many people present. If incorrect information about a case has been made public, members of a legal team cannot correct this misinformation. If any person in a legal team decides to correct the information, it would be a violation of confidently and can result in serious consequences. Information that newspaper leaks or creates is to be ignored and attorneys are to focus are the information that they have. Just as in the video when Alesha found the newspaper article with Judy’s case after reading it aloud Judy knew the information was correct but she could not say anything because it violated Rule 1.6. Information should never be shared with out the consent of the client. Confidential information about case can be shared between members of a law firm...
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...speeding up the hearing and adjudication of cases; Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the Quezon City experience in the use of judicial affidavits; and Whereas, the Supreme Court En Banc finds merit in the recommendation; NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following: Section 1. Scope. – (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before: (1) The Metropolitan Trial Courts, the...
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...issue of Forensic Matters, Fionna Oliver-Taylor, a director in our Melbourne office, discusses the key revisions to APES 215, which include: • Guidance on the types of services that constitute Forensic Accounting Services. • Extending the definition of Expert Witness to include Members ‘otherwise obligated’. • Expert Witnesses may provide opinion or Other Evidence. The revised Standard The Australian Professional and Ethical Standards Board (‘the APESB’) revised APES 215 last month (December 2013) to replace the existing standard which was originally issued in December 2008. The revised Standard is effective for Engagements1 or Assignments2 commencing on or after 1 April 2014, with earlier adoption permitted. The revised Standard: • provides assistance to determine whether a particular service is a Forensic Accounting Service and if so, what type • requires the explicit identification of opinions in the Report of the Expert Witness which are not based wholly or substantially on the Member’s specialised knowledge derived from training, study and experience • clarifies that Expert Witnesses may provide opinion or Other Evidence to the court • extends the definition of an Expert Witness to include Members ‘otherwise obligated’ • explains that working papers are not considered...
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...is one that is a vital part of the criminal investigations process which has contributions from many areas of this component. In this case study there will be points expressed on the crime scene search, principles, crime scene photography, sketching the crime scene, fingerprint evidence, trace evidence, and biological evidence. Investigators have the responsibility to comprehend these segments in order to effectively manage and maintain a crime scene. The crime scene investigation consists of elements of criminal law, criminal procedure, and constitutional evidence. The search part of the crime scene involves a related focus which is in legal requirements. It is crucial to incorporate the Fourth Amendment in the crime scene search process which implicates the search and seizure warrant rule. Many investigators and officers are unaware of the absence of generally recognized exceptions to the search and seizure warrant rule, law enforcement officers must obtain a warrant to search a crime scene where a reasonable expectation of privacy exists. (Geberth, 2003). The procedures behind crime scene searches consist of isolating, securing, search, and document the scene, as well as obtaining physical evidence which is the physical objects linked to the order of a crime such as hairs, paint chips, fibers, and bullets. Records which are basically keeping accumulated general descriptive data of the crime scene, and witnesses. In isolating and securing the crime scene an investigator should...
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