Evidence law

miracle violates the laws of nature as they are understood in a timeframe. We can further consider them events that exceed the productive power of nature. For example, imagine a leaf moving through the air in the absence of wind and forces. According to our understanding of the laws of nature, this is impossible, and thus exceeds nature’s abilities. Furthermore, a miracle is not akin to an anomaly. The latter is simply an unlikely and rare event, but does not violate the known laws of nature.…

ISSUE Under Arkansas case law regarding the tort of fraud, does an online purchaser of a sword have a claim for actual fraud, when (1) the sword that the seller displayed online turned out to be a replica; (2) the seller was gifted the sword from his brother, and only pulled the sword from the sheathing once prior to placing it in storage; (3) the seller afforded the buyer the opportunity to inspect the sword prior to the sale but the buyer declined due to time constraints; (4) the seller…

require total care on a 24 hour basis to assist with feeding, changing and turning him. He lives with his only daughter and son in law and has no other people who check on him or assist with care in his family. Due to his condition he does have a doctor who provides home visit twice a year and a home health nurse to monitor his care…

reached a guilty verdict on August 12, 1991. ¨Eduardo Velasquez’s case was accepted by the Innocence Project in February 1998. The Innocence Project and Sam Silverman, Velasquez’s attorney and long-time advocate, filed a motion to gain access to the evidence for DNA testing. The results excluded Velasquez, who was exonerated and released on August 15, 2001 (¨More than 2,000 wrongfully convicted people exonerated in 23 years, researchers say¨). The Innocence Project has done wonders for the…

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 was found by her husband, Garry Phillips, near their property (Greenfogel). In this case, the geneticist testified in front of a jury that the DNA evidence indicated “the probability of Garry Phillips being the father is greater than…

I have been asked to provide an opinion on whether Donald Drumpf could claim that s 30 of the Commerce Act 1986 has been breached by Ernie Panders and Hilary Linten. To establish a breach two elements must be satisfied. First, there must be a contract, arrangement or understanding between the parties (Hilary and Ernie). Second, there must be a provision thereof which has the purpose of/has/is likely to have the effect of fixing, controlling, or maintaining, or providing for fixing,…

a professor, which combined with the patient experience can make people rely on it. However, it does not provide any scientific evidence. There is only scientific evidence for the benefits of osteopathy and chiropractic for treating back pain. Most researches claiming the positive effects of complementary therapies are of insufficient methodological quality and evidence is usually based in a small number of trial made with small number of patients (Grazio and Balen, 2011). It makes that the…

Harper Lee’s To Kill A Mockingbird is a famous novel based in Maycomb, Alabama in the 1930’s. There are two different parts in the story, one revolving around Mayella Ewell. Mayella is involved in a trial where Tom Robinson is wrongfully accused of raping her. The other part of the story has to do with Scout Finch, whose father is part of the trial. The question brought up is debating whether or not Mayella is powerful. Power is defined as having control of your life, as well as controlling the…

Anthony’s remains were found. Alone, weak, and frightened Caylee could not over power her murderer. Only one person knows what truly happened to Caylee that day, her mother Casey Anthony. The evidence found at a crime scene can be used to provide visual evidence. Evidence used should be used with wisdom. Visual evidence helps the jury gain a better understanding of what took place during that time. People can’t go to trial without some type of presentation such as animations, graphics, and…

detectives managed to fool a gardener to admitting to a crime he did not commit, just because they fed of his honesty. They claimed they had stacks of evidence against him, and that they just needed his confession. This meant that the farmer after being cornered in by the two detectives admitted to it without ever caring to ask to see the supposed stack of evidence. Simply because the farmer knew of his own drinking problem could have led him to blackout during this event. This case was later…