The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of "facts in issue" or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in criminal trials are generally high, prosecution would have to prove the accused's guilt beyond a ...
Historically the primary objective for the insertion of the defence of diminished responsibility into the Criminal Code 1899 (Qld) was to mitigate the compulsory death sentence then imposed for a murder conviction. With the death penalty now abolished the defence of diminished responsibility has been retained as a means of mitigating and to ameliorate the effect of the still current mandatory life imprisonment for a murder conviction in Queensland. The rationale for the retention of this defe...
Export requirements Bill of lading It is a document that is issued to a shipper, it is also used as a acknowledge the receipt of the goods. Bill of lading indicates were the goods are placed, intended destination and the terms of the transportation. There should be a brief description of the goods to be exported in the destination and it should match the details in Pro Forma Invoice. Pro Forma Invoice This invoice must contain the complete description of all articles that will be shipped, it ...
It could be argued that Britain is increasingly becoming litigious and a compensation culture may be developing. This argument is not new and it is heralded from all quarters, the newspapers, political discourse and judicial decisions. According to Stephen Byers [1] "excessive litigiousness affects both the economy and the national psyche [2] ." In this essay it would be determined whether there is a growing compensation culture in the United Kingdom (UK), or an urban myth fuelled by the exce...
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 tenden...
The role of law is very important for the government and for a human being. As the Cicero pointed out "Law is the highest reason implanted in nature, which commands what ought to be done and forbids the opposite." Without the knowledge of law a person loses his freedom. Moreover, if people do not know their rights, they will be easily manipulated. So, law is intended to protect person's rights and his property from unwanted interference from others. There are many categories of law. These inc...
Performers' rights are of world-wide application and as with literary, musical and dramatic works. One of the Government's arts culture and heritage objectives is to ensure that the legislation relating to performers' rights contributes to the promotion of creativity and innovation and thus therefore protects the interests of the performers' particularly in light of new digital technology and new practices. [1] Performers' rights are a new element in the field of Intellectual Property. Copyri...
Introduction Since the very first appearance of humanity, individuals that were belonged to the society did not live separately and naturally; but they followed a system of rules among their groups or communities. As time goes by, these basic rules are enforced and adjusted as the foundation of modern term "law". We can understand law is a system of rules, usually enforced through a set of institutions. It forms politics, economics and society in several ways and provided as a major ...
Write an assignment on the 'rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. A formation of a contract requires an agreement, it follows that, in order for such agreement to be reached, there must be an offer made by one party which is accepted by the other. An acceptance is that, a final and unqualified expression of assent to the terms of an offer. To discover whether an agreemen...
Explain and evaluate the role of International Law in the development of the concept of human rights. A. Introduction The need of co-operation and mutual development has lead the countries of the international community to create a legislative net which would have as basic task the regulation of the relationships between them. At a next level, the bodies that were created to handle these provisions and to supervise their application faced the problem of the absence of a suitable legal environ...
