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Probative Value
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". Probative evidence "seeks the truth". Generally in law, evidence that is not probative (doesn't tend to prove the proposition for which it is proffered) is inadmissible and the rules of evidence permit it to be excluded from a proceeding or stricken from the record "if objected to by opposing counsel". A balancing test may come into the picture if the value of the evidence needs to be weighed versus its prejudicial nature. Under the Federal Rules of Evidence (United States) Until the Federal Rules of Evidence were restyled in 2011, Rule 401 defined relevance as follows: This definition incorporates the requirement that evidence be both material ("of consequence to the determination of the ac ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what Justification (epistemology), justifies beliefs or what makes it rational to hold a certain wikt:doxastic, doxastic attitude. For example, a perceptual experience of a tree may serve as evidence to justify the belief that there is a tree. In this role, evidence is usually understood as a private mental state. In Phenomenology (philosophy), phenomenology, evidence is limited to intuitive knowledge, often associated with the controversial assumption that it provides indubitable access to truth. In the science, scientific evidence is information gained through the scientific method that confirms or disconfirms Hypothesis#Scientific hypothesis, scientific hypotheses, acting as a neutral arbiter between competing Scientific theory, theories. Mea ...
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NSW Government
The Government of New South Wales, also known as the NSW Government, is the executive state government of New South Wales, Australia. The government comprises 11 portfolios, led by a ministerial department and supported by several agencies. There are also a number of independent agencies that fall under a portfolio but remain at arms-length for political reasons, such as the Independent Commission Against Corruption and Electoral Commission. The state Executive Council, consisting of the governor and senior ministers, exercises the executive authority through the relevant portfolio. The current government is held by the state Labor Party, led by Premier Chris Minns. Minns succeeded Dominic Perrottet from the Liberal Party on 28 March 2023 following the state election. Ministries The following individuals serve as government ministers, appointed by the Governor, on behalf of the Monarch, and at the recommendation of the Premier. The full ministry was announced on 4 April 20 ...
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Coincidental
A coincidence is a remarkable concurrence of events or circumstances that have no apparent causal connection with one another. The perception of remarkable coincidences may lead to supernatural, occult, or paranormal claims, or it may lead to belief in fatalism, which is a doctrine that events will happen in the exact manner of a predetermined plan. In general, the perception of coincidence, for lack of more sophisticated explanations, can serve as a link to folk psychology and philosophy. From a statistical perspective, coincidences are inevitable and often less remarkable than they may appear intuitively. Usually, coincidences are chance events with underestimated probability. An example is the birthday problem, which shows that the probability of two persons having the same birthday already exceeds 50% in a group of only 23 persons. Generalizations of the birthday problem are a key tool used for mathematically modelling coincidences.M. Pollanen (2024) ''A Double Birthday Par ...
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Judicial College Of Victoria
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rule ...
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Australian National University
The Australian National University (ANU) is a public university, public research university and member of the Group of Eight (Australian universities), Group of Eight, located in Canberra, the capital of Australia. Its main campus in Acton, Australian Capital Territory, Acton encompasses seven teaching and research colleges, in addition to several national academies and institutes. Established in 1946, ANU is the only university to have been created by the Parliament of Australia. It traces its origins to Canberra University College, which was established in 1929 and was integrated into ANU in 1960. ANU enrols 13,329 undergraduate and 11,021 postgraduate students and employs 4,517 staff. The university's endowment stood at A$1.8 billion as of 2018. ANU counts six List of Nobel laureates, Nobel laureates and 49 Rhodes Scholarship, Rhodes scholars among its List of Australian National University people, faculty and alumni. The university has educated the incumbent Governor-Gene ...
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States And Territories Of Australia
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereignty, sovereign, administrative divisions that are autonomous administrative division, self-governing polity, polities, having ceded some sovereign rights to the Australian Government, federal government. They have their own state constitutions in Australia, constitutions, Parliaments of the Australian states and territories, legislatures, Premiers and chief ministers of the Australian states and territories, executive governments, Judiciary of Australia#State and territory courts and tribunals, judiciaries and state police#Australia, law enforcement agencies that administer and deliver public policy, public policies and programs. Territories can be autonomous administrative division, autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government. Australia has si ...
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Australasian Legal Information Institute
The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to justice through access to legal information. Inception and aims AustLII was established in 1995. Founded as a joint program of the University of Technology Sydney and the University of New South Wales law schools, its initial funding was provided by the Australian Research Council. Its public policy purpose is to improve access to justice through access to legal information. Content AustLII content is publicly available legal information. Its primary source information includes legislation, treaties and decisions of courts and tribunals. It also hosts secondary legal materials, including law reform and royal commission reports, as well as legal journals. The AustLII databases include the complete text of all of the decisions of the ...
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Northern Territory
The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regions of Australia. The Northern Territory shares its borders with Western Australia to the west (129th meridian east), South Australia to the south (26th parallel south), and Queensland to the east (138th meridian east). To the north, the Northern Territory looks out to the Timor Sea, the Arafura Sea, and the Gulf of Carpentaria, including Western New Guinea and various other islands of the Indonesian archipelago. The NT covers , making it the third-largest Australian federal division, and List of country subdivisions by area, the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 249,000 – fewer than half the population of Tasmania. The largest population centre is the capital city of Darw ...
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Australian Capital Territory
The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, and is the territory's primate city. It is located in southeastern Australian mainland as an enclave and exclave, enclave surrounded by the state of New South Wales (NSW). Exclaved from NSW after Federation of Australia, federation as the seat of government for the new nation, the territory hosts Parliament House, Canberra, parliament house, High Court of Australia and the head offices of many Australian Government agencies. On 1 January 1901, Federation of Australia, federation of the colonies of Australia was achieved. Section 125 of the new Constitution of Australia, Australian Constitution provided that land, situated in New South Wales and at least from Sydney, would be ceded to the new Government of Australia, federal government. Foll ...
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Tasmania
Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The state encompasses the main island of Tasmania, the List of islands by area#Islands, 26th-largest island in the world, and the List of islands of Tasmania, surrounding 1000 islands. It is Australia's smallest and least populous state, with 573,479 residents . The List of Australian capital cities, state capital and largest city is Hobart, with around 40% of the population living in the Greater Hobart area. Estimated resident population, 30 June 2017. Tasmania is the most decentralised state in Australia, with the lowest proportion of its residents living within its capital city. Tasmania's main island was first inhabited by Aboriginal Australians, Aboriginal peoples, who today generally identify as Palawa or Pakana. It is believed that Abori ...
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Victoria (Australia)
Victoria, commonly abbreviated as Vic, is a States and territories of Australia, state in southeastern Australia. It is the second-smallest state (after Tasmania), with a land area of ; the second-most-populated state (after New South Wales), with a population of over 7 million; and the most densely populated state in Australia (30.6 per km2). Victoria's economy is the List of Australian states and territories by gross state product, second-largest among Australian states and is highly diversified, with service sectors predominating. Victoria is bordered by New South Wales to the north and South Australia to the west and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate climate, temperate coa ...
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