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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial System
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. Definition 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria (Australia)
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in Australia (28 per km2). 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 Great Australian Bight portion of 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 coastal and central regions to the Victorian Alps in the northeast and the semi-arid north-west. The majority of the Victorian population is concentrated in the central-south area surrounding Port Phillip Bay, and in particular within the me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet ( Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Government
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government is made up of three branches: the executive (the prime minister, the ministers, and government departments), the legislative (the Parliament of Australia), and the judicial. The legislative branch, the federal Parliament, is made up of two chambers: the House of Representatives (lower house) and Senate (upper house). The House of Representatives has 151 members, each representing an individual electoral district of about 165,000 people. The Senate has 76 members: twelve from each of the six states and two each from Australia's internal territories, the Australian Capital Territory and Northern Territory. The Australian monarch, currently King Charles III, is represented by the governor-general. The Australian Government in its executive c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law Reform Commission
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC is part of the Attorney-General's portfolio; however it is an independent statutory authority constituted under the ''Australian Law Reform Commission Act 1996'' (Cth), and the ''Public Governance, Performance and Accountability Act 2013'' (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. The ALRC's objective is to make recommendations for law reform that: * bring the law into line ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of moral correctness based on ethics, rationality, law, religion, equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 1800s, utilitarian philosophers such as John Stuart Mill said that justice is based on the best outcomes for the gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weighing Scale
A scale or balance is a device used to measure weight or mass. These are also known as mass scales, weight scales, mass balances, and weight balances. The traditional scale consists of two plates or bowls suspended at equal distances from a fulcrum. One plate holds an object of unknown mass (or weight), while known masses are added to the other plate until static equilibrium is achieved and the plates level off, which happens when the masses on the two plates are equal. The perfect scale rests at neutral. A spring scale will make use of a spring of known stiffness to determine mass (or weight). Suspending a certain mass will extend the spring by a certain amount depending on the spring's stiffness (or spring constant). The heavier the object, the more the spring stretches, as described in Hooke's law. Other types of scales making use of different physical principles also exist. Some scales can be calibrated to read in units of force (weight) such as newtons instead of un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prejudicial
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's perceived political affiliation, sex, gender, gender identity, beliefs, values, social class, age, disability, religion, sexuality, race, ethnicity, language, nationality, culture, complexion, beauty, height, body weight, occupation, wealth, education, criminality, sport-team affiliation, music tastes or other personal characteristics. The word "prejudice" can also refer to unfounded or pigeonholed beliefs and it may apply to "any unreasonable attitude that is unusually resistant to rational influence". Gordon Allport defined prejudice as a "feeling, favorable or unfavorable, toward a person or thing, prior to, or not based on, actual experience". Auestad (2015) defines prejudice as characterized by "symbolic transfer", trans ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inference
Inferences are steps in reasoning, moving from premises to logical consequences; etymologically, the word ''wikt:infer, infer'' means to "carry forward". Inference is theoretically traditionally divided into deductive reasoning, deduction and inductive reasoning, induction, a distinction that in Europe dates at least to Aristotle (300s BCE). Deduction is inference Formal proof, deriving Logical consequence, logical conclusions from premises known or assumed to be truth, true, with the Rule of inference, laws of valid inference being studied in logic. Induction is inference from particular evidence to a Universal (metaphysics), universal conclusion. A third type of inference is sometimes distinguished, notably by Charles Sanders Peirce, contradistinguishing Abductive reasoning, abduction from induction. Various fields study how inference is done in practice. Human inference (i.e. how humans draw conclusions) is traditionally studied within the fields of logic, argumentation stud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prejudice
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's perceived political affiliation, sex, gender, gender identity, beliefs, values, social class, age, disability, religion, sexuality, race, ethnicity, language, nationality, culture, complexion, beauty, height, body weight, occupation, wealth, education, criminality, sport-team affiliation, music tastes or other personal characteristics. The word "prejudice" can also refer to unfounded or pigeonholed beliefs and it may apply to "any unreasonable attitude that is unusually resistant to rational influence". Gordon Allport defined prejudice as a "feeling, favorable or unfavorable, toward a person or thing, prior to, or not based on, actual experience". Auestad (2015) defines prejudice as characterized by "symbolic transfer", transfe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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