Category: Law Case

Character and Credibility of a Witness in Australia

19/06/2019 Off

Often in a criminal trial, an attempt will be made to bring up evidence of someone’s past convictions, their good or bad character or their credibility as a witness.

Credibility

The rule concerning credibility is provided for in s102 of the Evidence Act (“the act”) which provides that ‘credibility evidence about a witness is not admissible’. S103 of the act creates an exception to the credibility rule where the evidence is adduced in cross-examination and the evidence “could substantially affect the assessment of the credibility of the witness”.

At times this rule is strictly enforced. In the case of State Rail Authority of NSW v Brown (2006) 66 NSWLR 540 a train passenger was injured when his train collided with another train. At the hearing he argued that, amongst many other injuries sustained in the accident, he sustained damage to his teeth. However, the cross examination sought to ask questions about his previous dental injuries and evidence of prior inconsistent statements given to dentists in order to damage his credibility. The NSW Court of Appeal, applying the rule under s102, held that such questioning was not allowed.

Character

Whilst credibility broadly refers to the likelihood a person is ‘credible’, character …

By Eden

What Are the Consequences of Outrageous Lawsuits?

18/09/2018 Off

What Are the Consequences of Outrageous Lawsuits?

While the law is constantly strengthening itself to offer the best justice system to civilians, there’s are also gaps that people tend to take advantage of without thinking about consequences or what they’re actually asking. A frivolous lawsuit is a common tool that people use to either intimidate or harass someone else. Such lawsuits have no legal merit and can end up being time consuming and messy, with the defendant having to battle messy paperwork and unsubstantiated claims.

Such lawsuits should not be confused with regular lawsuits that simply lost due to other reasons that are not related to a lack of legal merit. Thousands of outrageous lawsuits are filled every year, and most are thrown out of court, but not all of them are categorized as absurd and they could even get to court and win.

There are cases that might seem outrages but have actually won in court. In Brazil, McDonalds had to pay $18,000 to a former employee because, according to him, he was forced to sample food every day and as a result he gained 29kg in 12 years. Another such case is when a customer sued the company …

By Eden

Taking a Close Look at Commercial Lease Disputes

06/09/2018 Off

Taking a Close Look at Commercial Lease Disputes

A common pitfall for businesses is becoming involved in commercial lease disputes. Commercial property usually involves transactions using a complex lease agreement. This legal document can describe how restrictions, covenants, controls and more will be handled by the parties agreeing to the lease. There are many types of disputes that can result from a commercial property lease. This article takes a close look at commercial lease disputes so you can be better informed.

 

Common Commercial Property Lease Disputes

Very often, a lease dispute occurs because of differing interpretations of the provisions of a lease. A landlord could read things one way, while a tenant could read the same thing in a completely different way. Often, commercial lease disputes involve the calculation or review of rent, usage activities, allocation of property tax, exclusive access and prohibited access, responsibility for repairs, subletting restrictions, relocation rights, and changes to property.

Resolving Disputes through Mediation

Resolving a commercial lease dispute requires knowledge of the laws of real estate as well as business law. A written lease agreement will be the document used to clarify the dispute. Resolution of a commercial lease dispute will depend on

By Eden

Administrative Law New Scholarship Roundtable

10/05/2018 Off

Administrative LawThe Administrative Legislation Section focuses on authorized and coverage points that relate to the Administrative Procedures Act, including state agency rulemaking, state and native company contested case hearings and resolution making, and legislation affecting the practice of administrative law. It accommodates proclamations, government orders, speeches, press conferences, messages, statements, and a list of payments signed. The general public website of a specific company may additionally comprise the full textual content of its decisions. When there’s some doubt about the that means of an act, it is for the courts to find out.

By the treatment of prohibition, the court docket steps in earlier in the administrative course of, preventing a physique from appearing. A note must be fabricated from what judicial assessment is and isn’t. Rulemaking is one of the principal mechanisms by way of which businesses act.

Nevertheless, in follow it will be very tough for a government to droop democratic rights. Designed to compensate for the delay in official publication of company choices and the shortage of complete indexing, looseleaf and electronic companies publish administrative decisions in their topic areas.

Thus sources of Neighborhood law turned sources of UK law too: primary legislation, ie the treaties organising the …

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Petty Theft Attorney In San Jose

04/05/2018 Off

Criminal LawCollege students considering a profession in felony law might choose to become prosecutors or defense attorneys. See Chapter 11, Creating the Defense Technique, Chapter 12, Crimespeak: Underneath­standing the Language of Criminal Legal guidelines, and Chapter 13, Defensespeak: Frequent Defenses to Legal Costs. In both state and federal courts, magistrates might preside over pretrial hearings, such as bail hearings, in addition to much less severe felony trials.

Usually, a Mistake of Legislation is relevant only if the criminal statute was not revealed or made fairly obtainable prior to the act; the accused reasonably relied quite the opposite instructing of one other statute or judicial choice; or, in some jurisdictions, the accused fairly relied on opposite official advice or a opposite official interpretation.

Defenses Negating Felony Capability To be held liable for a criminal offense, a person must understand the character and penalties of his or her unlawful conduct. Each state is free to draft new felony legal guidelines, as long as they are deemed constitutional. So far as legal legal guidelines are involved, every state has its own penal code which defines what’s or will not be a crime, the severity of any offense and its punishment.

The litigation part uses …

By Eden

Felony Legislation Emphasis Program

03/05/2018 Off

Criminal LawThe Criminal Law focus prepares college students for a number of successful careers within the legal justice discipline, including as prosecutors, protection attorneys, and policymakers. Writ of habeas corpus claiming ineffective help of counsel: trial counsel had battle of interest where counsel, himself convicted of murder in a infamous court case, continued to follow legislation while taking attraction and represented petitioner at trial with out taking any precautions to ensure that jurors did not maintain lawyer’s conviction against his consumer.

You may discover articles on self-protection and stand your floor laws, the differences between felonies and misdemeanors, the position of the jury in a legal trial, the steps from being charged to going to trial, and how civil suits differ from prison cases.

Below the Mannequin Penal Code check, an individual shouldn’t be liable for criminal conduct if, on the time of such conduct, he or she lacks the capacity either to understand the criminality or the wrongfulness of the conduct, or to conform his or her conduct to the requirement of law.

Three years after alleged felony act, State charged client with sexual assault in the second diploma (statutory rape), which carries mandatory 9 month prison sentence and which …

By Eden