Proof by contradiction

The “straw purchaser” stipulation was a harmless error because it did not affect the outcome of the District Court proceedings. While Kotteakos, as Petitioner may point out, concluded that the proper test was not whether the jury’s decision was correct, but rather the error’s potential effect on the jury’s decision-making, recent interpretations of harmless error analysis suggest a departure from this holding. See Kotteakos v. United States, 68 S.Ct. 1247 (1946). The Court’s analysis in recent…

removed from their homelands and sent to The Moore River Native Settlement and various other facilities to try and breed the “Indigenous” out of them. Many of these children never had the opportunity to meet their mothers or fathers. The film Rabbit Proof Fence is a depiction of the story written by Doris Pilkington. The director of the film, Phillip Noyce represents The Stolen Generation in a sympathetic way. On the 13th of February 2008, then Prime Minister Kevin Rudd gave a formal apology to…

“May it please the court, your honor, opposing council, members of the jury - an impossible burden means an impossible conviction,” Sophomore Lora Randa said to a crowd of people gathered in a courtroom in Eau Claire on Feb. 11. Tension and competition filled the room as she continued to tell the story of an innocent girl being accused of first degree reckless homicide. Randa is a dedicated member of the school’s Mock Trial team and is the attorney that closes the case for the defence. “The…

Unsolved Lake Bodom Murders The murder of three local teen raises a lot of havoc in a small town of Espoo, Finland. To this day we do not know who killed the three teens and left one unconcious. The fourth teen that lived does not have any remembrance of the night and can not remember seeing anyone at the scene. The lake Bodom murder is the biggest murder mystery in all of Finland. Today, people of Finland are still trying to pinpoint who exactly did it. Luckily through my research, one can say…

Eliza has brought a claim against the ISP alleging that she is a victim of discrimination under Title VII of the Civil Rights Act. The basses of Eliza’s claim comes from the fact that the ISP refused to offer her light duty work after she informed them that she was pregnant. In order to prove that one was discriminated against under Title VII of the Civil Rights Act, one has to establish the prima facies elements which were set up in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817…

Self-defence On the 4th of April, 2016, a matter was heard in the Supreme Court regarding Nicolas Blyton and the co-accused, Tim Cairns, charged with the murder of Blyton’s father. The key legal issue that was addressed during the trial was the commonly invoked ground for the use of defensive force, self-defence. The relevant provisions of the Criminal Code 1899 (QLD) (‘The Code’) establishes a defence of self-defence covering the relevant circumstances in which the use of force can be used. In…

respect for the land. Doris Pilkington’s Follow the Rabbit Proof Fence (1996) is a non-fiction biographic text. With the use of emotive language and primary sources, Doris Pilkington explains about the Indigenous Australian’s identities pre colonisation, during colonisation, and post colonisation. Indigenous lifestyle before colonisation played a dominant role in influencing Australia’s history. In the non-fiction text Follow the Rabbit Proof Fence, Pilkington gives readers an insight into how…

Rabbit Proof Fence, directed by Phillip Noyce, highlights issues that continue to challenge modern Australia. The movie is set in 1931 in Western Australia where half-caste children were forcibly removed from their families by white Australian government authorities. This drastic action was supposedly in the best interest of half-caste children but it became clear that the government had ulterior motives. Aborigines and half-castes were considered to be inferior to white people. They were taken…

Elder Mistreatment Case Study This case study was concerning the health and safety of Mr. Edward McKay in his home. Mr. McKay is an 82 year old gentleman who after suffering two cerebral vascular accidents has been left with left sided hemiplegia and is unable to speak. He is bedridden with bilateral lower extremity contractures, incontinent, dysphasic and dysphagic. Mr. McKay’s physical condition alone would require total care on a 24 hour basis to assist with feeding, changing and turning…

The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the…