1. Explain why the Hearsay Rule was developed and why the admission of hearsay in a criminal trial may violate the defendant’s Sixth Amendment rights. a. Hearsay is an out of court statement offered in court to prove the truth of the matter asserted. The Hearsay Rule was developed in order to prevent unreliable testimony from being admitted in court and misleading the jury. Hearsay was considered unreliable because it was not given under oath‚ cannot be heard and observed by the jury‚ and cannot
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DOCTRINE OF ULTRA VIRES-EFFECTS AND EXCEPTIONS CONCEPT The object clause of the Memorandum of the company contains the object for which the company is formed. An act of the company must not be beyond the objects clause‚ otherwise it will be ultra vires and‚ therefore‚ void and cannot be ratified even if all the members wish to ratify it. This is called the doctrine of ultra vires‚ which has been firmly established in the case of Ashtray Railway Carriage and Iron Company Ltd v. Riche. Thus the expression
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Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual is getting protected against the state‚ and there is a duty for the state to conduct their power based on the law without abuses it. Courts are playing an important role to make sure the justice and individual right is achieved. Rule of law is a
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Rule 1: Arguments are unacceptable‚ as a disagreement is as far as anything can go. Purpose 1: Arguments and fight cause physical and internal damage making a commotion‚ disturbing others and disrupting the reason of a utopia (where there is no good and bad life just is). So‚ because of this fights and anything that goes farther from a disagreement is unacceptable‚ for a disagreement is only allowed because it’s normal (for it only shows a matter of opinion). Rule 2: Any form of tardiness and rudeness
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The “Indoor Management Rule” apparently developed as a means of mitigating the harshness and burdens of the doctrine of constructive notice in relation to outsiders dealing with companies; the doctrine of constructive notice states that persons dealing with a company are deemed to have notice of the contents of its registered documents. The reason for this was stated by‚ Lord Wensleydale in Ernest v Nicholls to be the fact of the public nature of registration: All persons therefore‚ must take notice
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On Bending the Rules “But Sir‚ you always remind us of the strict implementation of the rules and regulations‚” the young lady protested. “I didn’t let them in because they didn’t show me the document stipulated in the guidelines.” “Yes‚ but in every rule‚ there is always an exception‚” my friend told his staff. “Just let them in. I know them‚ anyway.” When my friend left‚ the young lady gave us a long inquisitive look before she led us to the room. I explained to her that we ran out of time
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general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation‚ Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of the offeror. This principal also applies to others modes of communications which are (a) Instantaneous means of communication‚ (b) Postal rule and (c) Others mode of communication. However‚ the postal rule is an exception towards general rule for the acceptance. The traditional postal rule stated
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THE POSTAL ACCEPTANCE RULE DANE GARBETT* CONTENTS I | Introduction | 1 | II | What Is The Postal Rule | 2 | III | Justification of the Postal Rule | 2 | IV | Application of the Postal Rule | 4 | V | Conclusion | 6 | VI | Bibliography | 7 | I Introduction The decision of distance contracts has been one of the major issues that arise within contract law. In which questions had risen in regards to the application of the postal rule and whether it should continue. A strong debate
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Bailment Rules How to create bailment? (1) Possession (2) Bailor must retain a superior interest in the chattel to that of the bailee (3) Bailee must consent to take possession of the chattel It is the bailee’s‚ and not bailor’s‚ consent that matters. Any person who voluntarily assumes possession of goods belonging to another will be held to owe at least the principal duties of the bailee. [Pioneer Container] Moves the law of bailment into tort (ie voluntary assumption) as opposed to contract
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Apply Henri Fayol’s five rules of management to the Coca-Cola case According to Fayol’s five rules‚ the first rule is about foresight; the second rule is about organization; the third rule is about command; the fourth rule is about coordination and the fifth rule is about control (cited in Chris‚ 2005). Consider the first rule‚ it refers to either idea or plan for the future development in a company. In the case of Coca-Cola‚ they showed a clear and proper way for their foresight
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