Legal burden of proof

INTRODUCTION To achieve justice, the Australian legal system operates through a multilayered court system whereby courts of different levels exhibit distinct attributes. The Local and Supreme courts are at opposite ends of the hierarchy; therefore, they accordingly display various procedural disparities as well as behavioural differences of legal personnel. In observing these contrasting bodies, I came to understand how these disparities can affect the way justice is attained and perceived.…

This will be further expanded to show procedural difference between private and public law with the individual. Question two will seek to show the legal relationship between the citizen and the state through different legal systems. Those systems being statutory and civil legislation with accountability under a duty of care. Laws are sets of compulsory legal and social rules controlling our daily interaction between citizens and the state. They regulate moral conduct and acceptable behaviour…

situation is unique and calls for different kinds of relationships. The Key is to follow the guidelines layout by your state and given counseling association you use as to what the boundary and counseling relationship should entail. The vignette entitled Legal and Ethical Issues for Mental Health Professionals from Sommers, Feldman, and Knowlton uses several short videos to discuss several boundaries issues using a licensed counselor…

Considering the Three Components of the Criminal Justice System Leo Louis Grantham University Abstract This paper will cover the three components of the Criminal Justice system, which component of the three has the most difficult undertaking and why. It will also review the scenario of “boss” for a day and what changes would be implemented in that component to help make it more successful. The three components of the criminal justice system are law enforcement, judicial courts and…

in, as the plaintiff, Meredith is responsible for proving his case. He is responsible for demonstrating that he paid the money to her based on her expert recommendation. As a result of believing in her, he was injured. Ultimately, Meredith has the burden of…

exercise a standard of care is considered a clear cause of action which gives a person just cause to pursue legal restitution against another (USLegal.com, n.d.). As stated by Rudolph (2010), “Causation is one of the hardest factors to prove in a case. The burden of proof rests with the plaintiff” (p. 48). Therefore, the plaintiff must substantiate all four elements of negligent liability in a legal dispute in order to prevail a lawsuit (Pozar, 2016). The four element of negligence include:…

First what is negligence? Negligence is the breach of legal duty which defendant owes towards the plaintiff. According to Jay M. Feinman of the Rutgers University School of Law; The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that…

How reliable is eyewitness testimony Eyewitness testimony is a term used in the legal system to give an account of a criminal incident that has occurred. Mistaken eyewitness identification is responsible for many wrongful convictions. Eyewitness testimony has influenced jury decisions and served as compelling evidence. Eyewitness testimony has also validated evidence and gave a picture of the actual incident. The only problem with eyewitness testimony is that it is not credible. Eyewitness…

regulation of businesses and companies in the hiring, promotion and the employees of a protected group. The adverse impact seeks to protect the candidates who may be discriminated through race, ethnicity or sex. The norm is, however not illegal and can be legal under some circumstances provided the reasons are valid. The legality of the practice depends on the ability of the employer to prove that the action and the decisions made in the process of the applicant selection were, in fact, fair and…

B. Assessing the impact of the California, New York, and Massachusetts statutes on Kansas state pay equity case law With respect to the four divisions differentiating state pay equity statutes nationally, Kansas’s current pay equity statute applies to all employers, public and private, and falls into the “equal work” or “equal worth” category with twenty-one other states. Kansas’s law does not include language that would potentially broaden the scope of comparison employees bringing claims…