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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".Hill, Gerald N., and Kathleen T. Hill. "Probative Legal Definition of Probative."
The Free Dictionary by Farlex. July 2007. Farlex Inc. 2 July 2007.
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 ...
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Plea Negotiation
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or ''nolo contendere.'' This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system of the United States, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment in state prison, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry a custodial sentence. In cases such as an automobile ...
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Prejudice (legal Procedure)
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, beliefs, values, social class, age, disability, religion, sexuality, race, ethnicity, language, nationality, complexion, beauty, height, 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", transfer of a value-laden meaning content onto a socially- ...
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Evidence
Evidence, broadly construed, is anything presented in support of an assertion, because evident things are undoubted. There are two kind of evidence: intellectual evidence (the obvious, the evident) and empirical evidence (proofs). The mentioned support may be strong or weak. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, as in circumstantial evidence. In law, rules of evidence govern the types of evidence that are admissible in a legal proceeding. Types of legal evidence include testimony, documentary evidence, and physical evidence. The parts of a legal case that are not in controversy are known, in general, as the "facts of the case." Beyond any facts that are undisputed, a judge or jury is usually tasked with being a trier of fact for the other issues of a case. Evidence and rules are used to decid ...
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Justice
Justice, one of the Madonna of Mercy, Palazzo Altemps, Rome">Virgin of Mercy">Madonna of Mercy, Palazzo Altemps, Rome 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. Consequently, the application of justice differs in every culture. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Throughout history various theories have been established. 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 eve ...
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Weighing Scale
A scale or balance is a device to measure weight or mass. These are also known as mass scales, weight scales, mass balances, 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 units of mass suc ...
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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, beliefs, values, social class, age, disability, religion, sexuality, race, ethnicity, language, nationality, complexion, beauty, height, 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", transfer of a value-laden meaning content onto a socially- ...
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Evidence
Evidence, broadly construed, is anything presented in support of an assertion, because evident things are undoubted. There are two kind of evidence: intellectual evidence (the obvious, the evident) and empirical evidence (proofs). The mentioned support may be strong or weak. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, as in circumstantial evidence. In law, rules of evidence govern the types of evidence that are admissible in a legal proceeding. Types of legal evidence include testimony, documentary evidence, and physical evidence. The parts of a legal case that are not in controversy are known, in general, as the "facts of the case." Beyond any facts that are undisputed, a judge or jury is usually tasked with being a trier of fact for the other issues of a case. Evidence and rules are used to decid ...
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Inference
Inferences are steps in reasoning, moving from premises to logical consequences; etymologically, the word ''infer'' means to "carry forward". Inference is theoretically traditionally divided into deduction and induction, a distinction that in Europe dates at least to Aristotle (300s BCE). Deduction is inference deriving logical conclusions from premises known or assumed to be true, with the laws of valid inference being studied in logic. Induction is inference from particular premises to a universal conclusion. A third type of inference is sometimes distinguished, notably by Charles Sanders Peirce, contradistinguishing 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 studies, and cognitive psychology; artificial intelligence researchers develop automated inference systems to emulate human inference. Statistical inference uses math ...
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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, beliefs, values, social class, age, disability, religion, sexuality, race, ethnicity, language, nationality, complexion, beauty, height, 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", transfer of a value-laden meaning content onto a socially- ...
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David Paciocco
David M. Paciocco is a justice of the Court of Appeal for Ontario in Toronto, Ontario. Paciocco has authored several books on criminal law and is considered one of Canada's foremost experts on the law of evidence. Career Paciocco completed his undergraduate degree at the University of Western Ontario and a master's degree in law from the University of Oxford. Paciocco was hired by the University of Ottawa Faculty of Law in 1982 and was called to the Ontario bar in 1983. He was a member of the legal team that defended the Canadian Red Cross in the tainted blood scandal. From 1994 to 1998, Paciocco was counsel in private practice. Paciocco also later taught at the University of Windsor Faculty of Law. In 1999, he published ''Getting Away With Murder: The Canadian Criminal Justice System'', a book intended for the public about the Canadian criminal justice system. In June 2005, Paciocco was nominated to receive an Honorary Doctorate from Laurentian University. In 2010 a Toronto Star in ...
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Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). "The exclu ...
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The Supreme Court Of Canada
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers or speakers. It is the definite article in English. ''The'' is the most commonly used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of either gender. The word can be used with both singular and plural nouns and with a noun that starts with any letter. This is different from many other languages which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of pronoun ''thee'') when followed by a vowel s ...
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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 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 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 rules of the state when it finds them incompatible with a higher norm, such as [[Primary and secondary legislation|primary legislation, the provisions of the constitution, treaties or international law. Judges constitute a critical force for interpretation and implementat ...
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Settlement Offer
A settlement offer or offer to settle is an offer to resolve an outstanding issue or account. This may involve a statutory offer to compromise in a civil lawsuit. In either case, it involves communication from one party to the other suggesting a settlement, or an agreement to fully and finally resolve the outstanding issue, account, or dispute. United Kingdom In the United Kingdom, offers to settle are governed by Part 36 of the Civil Procedure Rules. Offers of settlement may be called ''Calderbank Offers'', ''Calderbank Letters'' and ''Offers of Compromise''. United States In the US, evidence of settlement discussions generally, and of settlement offers specifically, is generally inadmissible in court. This is a policy-based exclusion, intended to encourage the settlement of cases out of court, thus freeing up the resources of the court system. In many jurisdictions, written agreement between the litigants may become binding agreements pursuant to the rules of procedure. Arizon ...
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