Within the ICC an appeal is not only granted when a person is guilty but also through an acquittal. Allowing the prosecutor another opportunity to submit more evidence that would change the final decision of the judges. The ICC through its process of a fair trial guarantees the presumption of innocence, the right of the accused to introduce evidence, to confront witnesses, to present evidence, to be tried in public, to have counsel of choice, and to be informed…
Deliberate Indifference is hard to define and difficult to define. It is hard for a prisoner to meet the deliberate indifference standard. The court figures out deliberate indifference from negligence. They have also ruled that an act of negligence is not enough to impose liability under the 1983. (Ross, 2015) Negligence is the failure to use care as a reasonable person may do under the same circumstances. (Ross, 2015) Since the standard was first established the court has determined that…
central to Supreme Court decision-making.” This is important to understand when trying to understand the attitudinal and strategic model. The conventional explanation for these theories is that 1) Attitudinal model are political ideologies regarding the judges identify as either conservative and liberal. Also, the attitudinal model also explains…
His first argument expressed the idea that courthouses are difficult to access, are complex and difficult to navigate, while the second point is that the parties in conflict are located at the sides of the courtroom, with the judges and lawyers centre. He also states that conflict is valuable in society. His final argument is that the parties are represented by lawyers, who appropriate their conflicts . Meaning the conflict of the victim is reconstructed to being a conflict…
HIMACHAL PRADESH NATIONAL LAW UNIVERSITY LAW OF TORTS Submitted to- Ms. Navditya Tanwar Submitted By- Shreem Bajpai Roll. No. - 41 Contents... TABLE OF CONTENT ASSIGNMENT 1- INJURIA SINE DAMNO AND DAMNUM SINE INJURIA:- INJURIA SINE DAMNO:- In the cases relating to Injuria Sine Damno, there is an infringement of legal right without an actual…
Mediation vs. Litigation What are the characteristics and constraints of courtroom language? To what extent can mediation provide an alternative to these constraints? Use some examples to illustrate your points. Introduction Litigation is defined as the process of contesting a legal action in court (Collins Dictionaries 2011). The process of taking legal action involves the usage of language. Ordinary everyday language is adapted in many ways to form a sublanguage of legal language (Tiersma…
2. CHAIN OF CUSTODY Chain of custody is a written account documentation which shows the custody, control, movement, transfer, analysis, and location of physical or electronic proof from the time it’s obtained until it is presented in the court of law. The evidence found at the crime scene must be presented in the court for further developments in the case. These evidences has to be validated and secured properly so that during the trial it will not be contaminated and the evidence is relevant…
“This is the end of this business of centralization, and I want you to go back and tell the president that we’re not going to let this government centralize everything.” (oyez.org) Brandeis also opposed Roosevelt’s proposition of adding one additional judge to the Supreme Court for every member who had reached the age of seventy and had not retired. This was known as the court-packing scheme, and it would grant the President more power since he had the authority of appointing individuals to the…
I. THE THIN SKULL RULE AND THE FAULT: The Thin Skull rule is considered in the element of causation. However, due to the flexible attitude of the courts and case law (S v Van Den Burg) that has considered the foreseeability theory in legal causation. It can be said that the rule traverses a very thin line between causation and fault, specifically strict liability. The distinction of the thin skull as a ‘magic circle’ by Dean Prosser: “It is as if a magic circle were drawn about the person,…
parte conversation between Skinner and Facher. According to the American Bar Association, a judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, making the Skinner-Facher conversation a clear, unethical violation. The importance of these violations relates to the purpose of the judge: to be the neutral fact finder of the…