Legal burden of proof

One of the legal precedents is Parens Patriae, this tradition maintains that the state has the responsibility to intercede in the life of a child when his or her family is not been able to do the job successfully (NCJRS, 2000). This gave the state the right to step…

life is not based her own welfare, but her children’s welfare. The patient is aware that she is terminally ill and the medical bills for her condition is a financial burden on her children. Therefore, the psychologist believes that she wants to end her life, not to ease her own suffering, but to ease her children’s financial burden. The client has completed the Minnesota Multiphasic Personality Inventory and the Wechsler Adult Intelligence Scale. Her scores did not indicate a cognitive…

privileged communication rule to the CPA-client relationship but the courts do not follow this rule of evidence. According to the AICPA when dealing with Subpoena documents the member does not have to inform the client. They are allowed to consult with a legal council to determine the validity of the subpoena that the specific information that has to be provided. When a document is subpoenaed it is allowed to be disclosed and may even be required. “The Confidential Client Information Rule would…

The core of the idea of due process is fundamental fairness insofar as a person should always be given notice of any charges brought against him or her, that a person should be provided a real chance to present his or her side in a legal dispute, and that no law or government procedure should be arbitrary of capricious. The specific requirements of the due process vary somewhat, depending on the Supreme Court’s latest interpretation of the Bill of Rights” (p. 38). Perhaps the common…

sufficiently protected and respects the rights of the individual. However, despite efforts to achieve justice for all members of society, the criminal trial process does fail to provide adequate success in some areas of the law such as the jury system, Legal Aid and the provocation defence. All these areas to an extent highlight the lack of success the criminal trial process serves in balancing community interests…

The law does not only provide rules, it sets order along society. Without these in place society would crumble and anything would be possible. There are different types of Law which applies to different people such as Criminal, Civil, Contract and Tort Law. For example every citizen has to follow the rules of Tort in every day to day life, for example, every person owes a duty of care to their neighbour, and if they breach this duty of care they will be found liable. The word ‘neighbour’ is…

The lawfulness of the use of force is determined in court on the basis of it being used by a public officer in performing his/her legal duty or a person assisting or acting under the direction of an officer. Another key point is when force is used by a person who is arresting another who has committed a felony and bringing him/her to a competent officer who can receive the person into the custody. Furthermore, it is determined on the basis of the force being used by a person in his/her own…

different colors of race had to be separated but later was reversed by that case Plessy v. Ferguson which stated that everyone should be treated a like and there should not be any rational distinctions. One of the levels is Strict Scrutiny, which is the legal standard for determining whether any…

restricted by gender, race, or religion (which raises crucial constitutional questions). As a result, the government uses the three-tiered “levels of scrutiny” to address systems of classification imposed by the state, giving the government a greater “burden of proof”, to protect some classificatory…

towards the death penalty in order to evaluate if it has a positive or a negative outcome. As a result of legalizing the death penalty the amount of perpetrators and crimes will diminish, wrongful executions are not likely to occur, and it removes the burden from taxpayers by having to pay less housing for criminals. To start with, as a result of legalizing the death penalty the amount of perpetrators and crimes will diminish. In the Fourteenth Amendment it says that states shall not "deprive…