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Relationship Evidence
In law of evidence, relationship evidence describes a particular class of circumstantial evidence, defined in Australian jurisprudence as that which explains the "nature of the relationship between the complainant and the defendant". It provides a context for the offending behavior. Similar to tendency evidence, it establishes the tendency to commit an offence, usually multiple minor instances that often go unreported. The nature of the relationship is often obtained from witnesses who are extraneous to the offences charged. Another form of relationship evidence relates to the establishment of a relationship for the purposes of claiming a benefit of some kind. Admissibility The admissibility of this type of evidence derives from common law principles that stand outside the direct operation of the Uniform Evidence Acts ("UEA"). Other types A different form of relationship evidence is used to establish a relationship for the purposes of obtaining some form of government benefit. I ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ...
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Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Sally Dowling
Sally Dowling is an Australian lawyer who has been Director of Public Prosecutions for New South Wales since August 2021. Early life and education Dowling is one of three children; her mother, Stephanie Claire, worked as an English teacher and writer, and later married artist Salvatore Zofrea. Dowling attended North Sydney Girls High School but left in Year 11. She worked as a waitress and a bookie's clerk before later completing her HSC at TAFE. She graduated from the University of Sydney in 1994. Career Dowling was admitted as a legal practitioner in 1995. She worked as an associate to Justice Hill in the Federal Court before practicing intellectual property and trade practices law as a solicitor. She was admitted as a barrister in 1997 and worked in private practice in commercial and intellectual property. Dowling started work at the DPP in 2001 and became a Crown prosecutor since 2005. In 2004, when her children were very young, Dowling was the only part-time trial crow ...
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Adopted Child
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity ;Adoption for the well-born While the modern form of adoption emerged in the United States, ...
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Certified Copy
A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document. A certified copy is often used in English-speaking common law countries as a convenient way of providing a copy of documents. It is usually inexpensive to obtain. A certified copy may be required for official government or court purposes and for commercial purposes. It avoids the owner of important documents (especially identity documents) giving up possession of those documents which might mean a risk of their loss or damage. It has some similarities to a notarized copy, which is a form used in some countries, and particularly in some US states. A notarized copy is signed by a notary public (not to be confused with a notary in a civil law country). The certified copy is signed by a person nominated by the ...
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