Corroborative Evidence
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Corroborative Evidence
Corroborating evidence, also referred to as corroboration, is a type of evidence in law. Types and uses Corroborating evidence tends to support a proposition that is already supported by some initial evidence, therefore confirming the proposition. For example, W, a witness, testifies that she saw X drive his automobile into a green car. Meanwhile, Y, another witness, testifies that when he examined X's car, later that day, he noticed green paint on its fender. There can also be corroborating evidence related to a certain source, such as what makes an author think a certain way due to the evidence that was supplied by witnesses or objects.For more information on this type of reasoning, see: Casuistry. Another type of corroborating evidence comes from using the Baconian method, i.e., the method of agreement, method of difference, and method of concomitant variations. These methods are followed in experimental design. They were codified by Francis Bacon, and developed further ...
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Casuistry
In ethics, casuistry ( ) is a process of reasoning that seeks to resolve moral problems by extracting or extending theoretical rules from a particular case, and reapplying those rules to new instances. This method occurs in applied ethics and jurisprudence. The term is also commonly used as a pejorative to criticize the use of clever but unsound reasoning, especially in relation to moral questions (as in sophistry). It is the " udy of cases of conscience and a method of solving conflicts of obligations by applying general principles of ethics, religion, and moral theology to particular and concrete cases of human conduct. This frequently demands an extensive knowledge of natural law and equity, civil law, ecclesiastical precepts, and an exceptional skill in interpreting these various norms of conduct." It remains a common tool for applied ethics. Etymology According to the Online Etymological Dictionary, the term and its agent noun "casuist", appearing from about 1600, derive f ...
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Corroboration In Scots Law
The importance of corroboration is unique to Scots criminal law. A long-standing feature of Scots law, the requirement for corroborating evidence means at least two independent sources of evidence are required in support of each crucial fact before an accused can be convicted of a crime. This means, for example, that an admission of guilt by the accused is insufficient evidence to convict in Scotland, because that evidence needs to be corroborated by another source. History Corroboration had, in some way, already been established by the time the earliest Institutional Writers had begun to illustrate Scots criminal law. MacKenzie described the ‘singularity’ of witnesses, and their ‘contrariety’, as insufficient proof – subsequently repeated by Hume, ‘...no one shall in any case be convicted on the testimony of a single witness’. A similar statement appears in Alison. Corroboration also has origins in Roman law. The Code of Justinian read, ‘We plainly order tha ...
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Karl Popper
Sir Karl Raimund Popper (28 July 1902 – 17 September 1994) was an Austrian-British philosopher, academic and social commentator. One of the 20th century's most influential philosophers of science, Popper is known for his rejection of the classical inductivist views on the scientific method in favour of empirical falsification. According to Popper, a theory in the empirical sciences can never be proven, but it can be falsified, meaning that it can (and should) be scrutinised with decisive experiments. Popper was opposed to the classical justificationist account of knowledge, which he replaced with critical rationalism, namely "the first non-justificational philosophy of criticism in the history of philosophy". In political discourse, he is known for his vigorous defence of liberal democracy and the principles of social criticism that he believed made a flourishing open society possible. His political philosophy embraced ideas from major democratic political ideologies, inc ...
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Criminal Justice Act 1988
The Criminal Justice Act 1988 (c 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act granted the Attorney General the power to refer sentences for certain offences to the Court of Appeal if the Attorney General feels that the sentence was unduly lenient, which is sometimes called the 'unduly lenient sentence scheme'. This provision entered into force in 1989, with its first application being in July of that year. The controversially-low sentences given to the rapists of Jill Saward was one impetus for the scheme, which was justified as ensuring that public trust in justice was maintained by correcting gross errors; in a 2022 answer to a question in parliament, the Government said that the scheme ensures that punishment is aligned with the severity of the crime and assures victims that "justice will be served". The Law Commission is reviewing the law around criminal appeals and the u ...
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Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE has been modified by the Policing and Crime Act 2017, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A. Synopsis Although PACE is a f ...
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Criminal Justice And Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition. Background A primary motivation for the act was to curb illegal raves and free parties, especially the traveller festival circuit, which was steadily growing in the early 1990s, culminating in the 1992 Castlemorton Common Festival. Following debates in the House of Commons in its aftermath, Prime Minister John Major alluded to a future clampdown with then Home Secretary Ken Clarke at that year's Conservative Party conference. At the 1993 conference, Michael Howard, who had become Home Secretary, announced details ...
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Road Traffic Regulation Act 1984
The Road Traffic Regulation Act 1984 is an Act of Parliament in the United Kingdom, which provided powers to regulate or restrict traffic on UK roads, in the interest of safety. It superseded some earlier legislation, including the majority of the Road Traffic Regulation Act 1967. The Act is split into 10 parts covering 147 sections, it also includes 14 schedules. Part 1: General Provisions For Traffic Regulations Part 1 includes sections 1 to 13 of the Act. The legislation contained in these sections covers: * Traffic Regulation Orders (TRO), known as Traffic Management Orders (TMO) in Greater London * Regulations outside Greater London * Regulations in Greater London * Experimental traffic schemes - these can be introduced for up to 18 months, to allow an authority to assess the impacts of a scheme such as traffic diversions. Part 2: Traffic Regulation In Special Cases Part 2 includes sections 14 to 22 of the Act. The legislation contained in these sections covers: * Vari ...
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Perjury Act 1911
The Perjury Act 1911 (1 & 2 Geo 5 c 6) is an Act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences. This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 of the Civil Partnership Act 2004 were contained in this Act. Section 1 - Perjury This section creates the offence of perjury. Section 1A - False unsworn statement under Evidence (Proceedings in other Jurisdictions) Act 1975 This section was inserted by section 8(1) of, anSchedule 1to, the Evidence (Proceedings in other Jurisdictions) Act 1975. It provides: This offence is triable either way. A person guilty of this offence is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both, or, summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. Section 7 - Aiders, abettors, suborners, etc Section 7(1) is ...
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Education (Scotland) Act
Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. Various researchers emphasize the role of critical thinking in order to distinguish education from indoctrination. Some theorists require that education results in an improvement of the student while others prefer a value-neutral definition of the term. In a slightly different sense, education may also refer, not to the process, but to the product of this process: the mental states and dispositions possessed by educated people. Education originated as the transmission of cultural heritage from one generation to the next. Today, educational goals increasingly encompass new ideas such as the liberation of learners, skills needed for modern society, empathy, and complex vocational skills. Types of education are commonly divided into formal ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Baconian Method
The Baconian method is the investigative method developed by Sir Francis Bacon, one of the founders of modern science, and thus a first formulation of a modern scientific method. The method was put forward in Bacon's book ''Novum Organum'' (1620), or 'New Method', and was supposed to replace the methods put forward in Aristotle's ''Organon''. This method was influential upon the development of the scientific method in modern science; but also more generally in the early modern rejection of medieval Aristotelianism. Description in the ''Novum Organum'' Bacon's view of induction Bacon's method is an example of the application of inductive reasoning. However, Bacon's method of induction is much more complex than the essential inductive process of making generalisations from observations. Bacon's method begins with description of the requirements for making the careful, systematic observations necessary to produce quality facts. He then proceeds to use induction, the ability to ge ...
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Causality
Causality (also referred to as causation, or cause and effect) is influence by which one event, process, state, or object (''a'' ''cause'') contributes to the production of another event, process, state, or object (an ''effect'') where the cause is partly responsible for the effect, and the effect is partly dependent on the cause. In general, a process has many causes, which are also said to be ''causal factors'' for it, and all lie in its past. An effect can in turn be a cause of, or causal factor for, many other effects, which all lie in its future. Some writers have held that causality is metaphysically prior to notions of time and space. Causality is an abstraction that indicates how the world progresses. As such a basic concept, it is more apt as an explanation of other concepts of progression than as something to be explained by others more basic. The concept is like those of agency and efficacy. For this reason, a leap of intuition may be needed to grasp it. Accordin ...
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