Unders 97 of the evidence act NSW 1995, the tendency rule provides for exceptions or specific circumstances in which evidence regarding a defendant's character, conduct and or reputation, will be admissible for a 'tendency purpose' providing it has 'significant' probative value. Any tendency evidence that infers because of previous undertakings of past behaviour, the person is more likely to have acted as such on the current occasion is normally inadmissible as it provides for prior convictio...
According to a background paper commissioned in 2002 by the Law and Justice Foundation, 1.2% of the Australian population aged below 65 (200,700 people) had a sensory disability. [1] The most prominent sensory disability was hearing related, which accounted for 159,900 individuals (1% of the population under 65). [2] Statistics show that the number of hard of hearing and / or deaf participants involved in the Australian legal system in 2004 approached the 7,000 mark however, demands for inter...
Introduction v Ethics is a code of behavior that a society considers moral and appropriate for guiding relationship with one another. It involves judgments as to good and bad, right and wrong and what ought to be when everything will go smoothly in the organization then it treated as an ethically sound business organization. In addition people should have the right for electing religious or social beliefs and relationship. Moreover people should respect others rights as well as get respect fr...
The United Nations first distinguished the need to establish an international criminal court over 50 years ago. The goal of the UN has always been to "secure universal respect for human rights and fundamental freedoms of individuals throughout the world." The establishment of an international criminal court in the US is seen as a major footstep in the accomplishment of this goal. An international criminal court would be vital to the end of impunity. Unfortunately, many times acts of genocide...
This essay seeks to consider sentencing in criminal law as a fundamental aspect of the law on criminal justice in the UK. With a view to showing knowledge in this area it was necessary to look to consider two hypothetical examples of pre-sentence reports with regard to people that have committed criminal offences domestically. On this basis, this essay served to research the nature and scope of the sentencing guidelines and the associated reductions and mitigating factors in this regard throu...
Q.1 'Given the inflexibility of the general rules governing the admissibility of opinion and hearsay evidence, it has been necessary for the law to develop exceptions to these rules in respect of the expert witness. However, there are several provisions under which the judge can still exclude evidence which he or she thinks would prejudice a fair trial.' Discuss. What are the general rules governing Hearsay? Under Common Law, a witness may only testify about that which he/she personally obser...
There is no doubt that Law and legal systems are very important and play a significant role in modern society. It is a well-known fact that Law consist of general rules which control the behavior of individuals, business and other organizations in society. Also it is intended to defend persons as well as their belongings from needless obstruction from others. (WIUT ILLS handout 2009) As it says "It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I...
To live together peacefully, govern affairs efficiently and to communicate as a whole, as a group of members living together; there has to be laws. In all parts of the world in all societies, they govern themselves according to codes of law (Hoag, 2006, p. 3) Criminal law includes major criminal offenses such as murder, assault, whereas civil law includes activities related to the process of lending and borrowing money, entering into contracts, disputes with neighbours, and marriages. Althoug...
International law is concerned primarily with the relations of states. Historically, this has meant that there has been little scope for the international personality of individuals, and states have guarded carefully their right to deal with their own nationals while honouring the right of other states to deal with theirs. [1] International state conflict no matter how 'barbaric' was not, until the conclusion of the Second World War considered being the business of the International community...
Judicial Precedent is a doctrine of law in which decisions of a higher court are followed or administered in courts lower in the hierarchy in similar cases. If the court that has set a precedent is higher in hierarchy then a court lower in hierarchy should follow it but if the court hat has set the precedent is lower in hierarchy then a court higher in hierarchy can only consider it. Judicial precedent can be categorized into three segments; original precedent, binding precedent and persuasiv...
