Direct evidence

design. The next factor to examine is the proximity of the goods, whether the goods are sold in the same markets and in the same areas. Based on the evidence, it appears that there is proximity of the goods as the two are direct competitors. Next is the similarity between the marks, the sight, sound, and meaning among other things. Here, the GoldenFish design is almost identical looking to the Nabonko fish design, so the two are very similar.…

This may be an important factor to consider in the future, as the pace of genetic technological innovation is unpredictable. Maybe a direct correlation will be found? Therefore, here is a case that does not require any interpretation of genetically criminal behavior, but instead uses concrete DNA paternity testing. Would genetic evidence be able to eclipse the value of valid eyewitness testimony? In 2006, Kathy Phillips was accused of giving birth and subsequently killing a newborn infant that…

The tort of negligence determines whether a defendant could be held liable for injuring the plaintiff in a careless way. I think the plaintiff knew the risks in signing a waiver and gave up there rights when they signed. If the waiver is legal and there was nothing illegal going on I think the defendants have a complete defense with the evidence presented in the…

consensus gives rise to an expectation that some action or inaction occur. Earlier cases focussed on moral obligations between the parties, McGrath J emphasised this touchstone, but the majority in Giltrap believed consensus a more appropriate focus given the flexibility of the Act. The objective standard is used to establish whether a consensus engendering expectation exists, based on what the reasonable person would infer from the parties’ conduct. External appearances are considered,…

Soon after the rally which was done without permission, when Tejpal was arrested, a pistol was found with him, which is a clear reflection of his intentions. As per Section 6 of the Indian Evidence Act, the pistol shall be treated as a part of circumstantial evidence, which clearly shows that the whole act was being conspired to wage war and he has full motive and intention of sedition. In the case of Dr VinayakBinayakSenPiyush v. State Of Chhattisgarh the hon’ble court held that from the…

“appropriate” outcome. “An attorney appointed to file Lloyd’s direct appeal did not visit Lloyd in prison or raise a claim of ineffective assistance of counsel” (Innocence Project). Lloyd had wrote to the court claiming that he was not properly defended, to which his appellate lawyer replied saying that he was “not to be taken seriously” and he should die, as his lawyer had believed him to be guilty. Every one of Lloyd appeals failed, and at last he reached out to the Innocence Project (a…

394 S.W.3d at 291; Willis, 282 S.W.3d at 549. In Echostar, the court permitted an employee’s testimony claiming that he never saw an employee work post injury, stating they were “in the shop or gone.” 394 S.W.3d at 291. This testimony was allowed because his it offered relevant evidence without in turn offering unsupported factual or legal conclusions. Id.. In Willis, the court dismissed witness testimony due to its conclusory nature based on their opinion that the company “has a negative…

2014) Wisdom Understanding and applying knowledge with compassion is the nursing informatics definition of wisdom. Concerning the outpatients in this hospital, a new question evolves from interpretation of this data. If the outpatients’ lab work and history warrant the treatment for the prevention of CIN, does that make the patient an overnight observation patient? If so, who will complete follow-up care related to the diagnosis of increased risk for CIN secondary to contrast dye? To…

The concept of race has historically been flawed at best. This type of human categorization, which draws no basis of biological evidence, has been used for centuries to successfully subjugate large groups of people, paving the way for white supremacists to gain even more emotional, and ergo economic, control over the American working class. Patrick Appel is not the first to delve into the myth of “race”, but he does offer a well-rounded, professionally composed vindication that responds to…

His evidence is convincing and relevant when he makes it apparent just how vast the data collection is. The 1.7 billion collected emails, messages, and posts is data that isn’t willingly given through posting on Facebook, Instagram, or Twitter. This is the information that is taken from its citizens by the government. In order to further strengthen his premise, Singer addresses the counter argument and common misconception that the NSA only looks at the activity of suspicious people or those who…