which of the following is false regarding international treatment of evidentiary matters

What is the evidential burden in a criminal case?

Which of the following is false regarding international treatment of evidentiary matters? Act for the Prevention of Frauds and Perjuries. In 1677, the English Parliament passed the _____. oral. As discussed in the text, a main purpose of the _____ is to prevent unreliable oral evidence from interfering with a contractual relationship.

What should prosecutors know about the Department’s policy on exculpatory and impeachment?

Rule 404 and those following it are of that variety; they also serve as illustrations of the application of the present rule as limited by the exclusionary principles of Rule 403. ... Rep., Rec. & Studies, 10–11 (1964). The fact to be proved may be ultimate, intermediate, or evidentiary; it matters not, so long as it is of consequence in the ...

Is there proof beyond a reasonable doubt in non-criminal cases?

 · This section provides an overview of the types of evidence necessary to prove intentional discrimination under Title VI. Much of the discussion in this section relies on judicial precedent developed in private plaintiffs’ intent claims for damages, and therefore focuses on standards applied in that context.

What is true and false about the parol evidence rule?

1) Which among the following dichotomies is used in a discourse on ethics? 1. Empirical – Normative 2. Descriptive – Prescriptive 3. Fact – Value 4. Profit - Loss Which of the following is correct? a) 1 and 3 b) 1 and 2 c) 1, 2 and 3 d) 2, 3 and 4 Correct Answer: C 2) How does the individual come to be able to make moral decisions?

Which of the following is false regarding the statute of frauds provision relating to an interest in land?

Which of the following is false regarding the statute of frauds provision relating to an interest in land? No leases are within the statute of frauds.

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts containing ambiguous terms?

Which of the following is an incorrect statement regarding the relationship between the parol evidence rule and contracts containing ambiguous terms? When a contract contains ambiguous terms, the court allows only written evidence to be introduced to clarify the ambiguous terms.

Which of the following is a correct statement regarding the relationship between the parol evidence rule and incomplete contracts?

Which of the following is a correct statement regarding the relationship between the parol evidence rule and incomplete contracts? When a contract is fundamentally flawed in missing critical information, courts can allow parol evidence to provide the missing information.

Which of the following is true regarding Bruce's promises to sally of a Mercedes and a trip?

Which of the following is true regarding Bruce's promises to Sally of a Mercedes and a trip? The promises fall within the statute of frauds.

Which of the following is an incorrect statement regarding the rights of a Nonbreaching party in a contract after anticipatory repudiation?

Which of the following is an INCORRECT statement regarding the rights of a non-breaching party after anticipatory repudiation? The non-breaching party is still required to perform his obligations under the contract, and can then sue the other party for breach.

Which one of the contractual agreements would not fall under an exception to the parol evidence rule?

Which one of the contractual agreements would not fall under an exception to the parol evidence rule? A written agreement that contains no obvious typographical errors.

Which of the following is an exception to the parol evidence rule quizlet?

Exceptions: 1) Parol evidence is admissible if the evidence goes to the validity of the contract itself. (i.e.: mistake, fraud, no consideration, duress, etc.) 3) Parol evidence is admissible for purposes of reformation of the writing (to CORRECT the writing, NOT supplement.

Which of the following statements is true of the parol evidence rule?

Which of the following is true of the parol evidence rule? Amount of damages that are equal to the loss sustained. The parol evidence rule assumes that a written contract represents the complete agreement.

Which of the following is an accurate description of the parol evidence rule quizlet?

The parol evidence rule states that oral evidence of an agreement made prior to or contemporaneously with a written agreement is inadmissible when the parties intend the written agreement to be the complete and final version of their agreement.

Which of the following is true regarding writings created at the same time as a written agreement?

Which of the following is true regarding writings created at the same time as a written agreement? a The parol evidence rule applies to writings created at the same time as the written agreement.

Which of the following does the Statute of Frauds not impose on parties when dealing with a contract?

Which of the following does the statute of frauds not impose on parties when dealing with a contract? A secondary obligation arises when a party outside a primary agreement promises to fulfill one of the original party's obligations if the original party fails to fulfill his or her obligation.

Which of the following does not fall within the statute of frauds and as such the contract does not have to be in writing?

Primary obligations are not within the statute of frauds and, therefore, need not be in writing to be enforceable. Which of the following is true of prenuptial agreements? They do not necessarily indicate that both parties understand the terms of the agreement.

What is the rule of fact that is of consequence to the determination of the action?

The rule uses the phrase “fact that is of consequence to the determination of the action” to describe the kind of fact to which proof may properly be directed. The language is that of California Evidence Code §210; it has the advantage of avoiding the loosely used and ambiguous word “material.”.

What is evidence relevant?

Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and. (b) the fact is of consequence in determining the action.

What is the variety of relevancy problems?

The variety of relevancy problems is coextensive with the ingenuity of counsel in using circumstantial evidence as a means of proof. An enormous number of cases fall in no set pattern, and this rule is designed as a guide for handling them. On the other hand, some situations recur with sufficient frequency to create patterns susceptible of treatment by specific rules. Rule 404 and those following it are of that variety; they also serve as illustrations of the application of the present rule as limited by the exclusionary principles of Rule 403.

What is relevancy in law?

Relevancy is not an inherent characteristic of any item of evidence but exists only as a relation between an item of evidence and a matter properly provable in the case. Does the item of evidence tend to prove the matter sought to be proved? Whether the relationship exists depends upon principles evolved by experience or science, applied logically to the situation at hand. James, Relevancy, Probability and the Law, 29 Calif.L.Rev. 689, 696, n. 15 (1941), in Selected Writings on Evidence and Trial 610, 615, n. 15 (Fryer ed. 1957). The rule summarizes this relationship as a “tendency to make the existence” of the fact to be proved “more probable or less probable.” Compare Uniform Rule 1 (2) which states the crux of relevancy as “a tendency in reason,” thus perhaps emphasizing unduly the logical process and ignoring the need to draw upon experience or science to validate the general principle upon which relevancy in a particular situation depends.

Why is it important to comply with discovery obligations?

First and foremost, however, such compliance will facilitate a fair and just result in every case, which is the Department’s singular goal in pursuing a criminal prosecution. This section does not and could not answer every discovery question because those obligations are often fact specific. However, prosecutors have at their disposal an array of resources intended to assist them in evaluating their discovery obligations including supervisors, discovery coordinators in each office, the Professional Responsibility Advisory Office, and online resources available on the Department’s intranet website, not to mention the experienced career prosecutors throughout the Department. And, additional resources are being developed through efforts that will be overseen by a full-time discovery expert who will be detailed to Washington from the field. By evaluating discovery obligations pursuant to the methodical and thoughtful approach set forth in this guidance and taking advantage of available resources, prosecutors are more likely to meet their discovery obligations in every case and in so doing achieve a just and final result in every criminal prosecution.

What are the discovery obligations of a federal prosecutor?

The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. § 3500 (the Jencks Act), Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). Section 9-5.001 of the United States Attorney’s Manual describes the Department’s policy for disclosure of exculpatory and impeachment information. In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the application of these authorities to particular facts. In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. Toward that end, the Department has adopted the policies for prosecutors regarding criminal discovery set forth below. These policies are intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department’s pursuit of justice. The policies are subject to legal precedent, court orders, and local rules.

What is the purpose of the disclosure policy?

Purpose. Consistent with applicable federal statutes, rules, and case law, the policy set forth here is intended to promote regularity in disclosure practices, through the reasoned and guided exercise of prosecutorial judgment and discretion by attorneys for the government, with respect to the government's obligation both to disclose exculpatory and impeachment information to criminal defendants and to seek a just result in every case. The policy is intended to ensure timely disclosure of an appropriate scope of exculpatory and impeachment information so as to ensure that trials are fair. The policy, however, recognizes that other interests, such as witness security and national security, are also critically important, see JM 9-21.000, and that if disclosure prior to trial might jeopardize these interests, disclosure may be delayed or restricted ( e.g. pursuant to the Classified Information Procedures Act). This policy is not a substitute for researching the legal issues that may arise in an individual case. Additionally, this policy does not alter or supersede the policy that requires prosecutors to disclose "substantial evidence that directly negates the guilt of a subject of the investigation" to the grand jury before seeking an indictment, see JM 9-11.233.

What is exculpatory impeachment?

Exculpatory or impeachment information casting doubt upon sentencing factors. Exculpatory and impeachment information that casts doubt upon proof of an aggravating factor at sentencing, but that does not relate to proof of guilt, must be disclosed no later than the court's initial presentence investigation.

When is it not advisable to turn over discoverable information?

Form of Disclosure: There may be instances when it is not advisable to turn over discoverable information in its original form, such as when the disclosure would create security concerns or when such information is contained in attorney notes, internal agency documents, confidential source documents, Suspicious Activity Reports, etc. If discoverable information is not provided in its original form and is instead provided in a letter to defense counsel, including particular language, where pertinent, prosecutors should take great care to ensure that the full scope of pertinent information is provided to the defendant.

When is exculpatory evidence required?

Exculpatory and impeachment evidence is material to a finding of guilt—and thus the Constitution requires disclosure —when there is a reasonable probability that effective use of the evidence will result in an acquittal. United States v. Bagley, 475 U.S. 667, 676 (1985).

How important is it to keep records of discovery?

One of the most important steps in the discovery process is keeping good records regarding disclosures. Prosecutors should make a record of when and how information is disclosed or otherwise made available. While discovery matters are often the subject of litigation in criminal cases, keeping a record of the disclosures confines the litigation to substantive matters and avoids time-consuming disputes about what was disclosed. These records can also be critical when responding to petitions for post-conviction relief, which are often filed long after the trial of the case. Keeping accurate records of the evidence disclosed is no less important than the other steps discussed above, and poor records can negate all of the work that went into taking the first three steps.

What is direct evidence of discrimination?

Short of an express classification, other direct evidence of discrimination includes “any statementor documentwhich shows on its face that animproper criterion served as the basis … for [an] adverse … action.” Fabela v. Socorro Indep. Sch. Dist., 329 F.3d 409, 415 (5th Cir.2003). On the other hand, “remarksby non-decisionmakersor remarksunrelated to the decision makingprocess itself are not direct evidence of discrimination.” Standard v. A.B.E.L. Servs., Inc., 161 F.3d 1318, 1330 (11th Cir. 1998).

What can an investigative agency look for in proving intentional discrimination?

Investigating agencies can look tocase law for guidanceon provingintentional discrimination,but are not bound by case law concerning burden shifting betweenplaintiff and defendant (that is, as between a complainantand a recipient). An agency need not usethe same sequential processas courts, where a plaintiff first offers primafacie evidence and the defendant then offersrebuttal evidence. Rather, an agency has discretionto gather and evaluate all relevantevidence as part of its initial investigation, or may choose to makea preliminary primafacie finding then require recipients to articulate defenses.

What is the Equal Protection Clause?

The Equal Protection Clause requires strict scrutinyof any governmentpolicy or practice that classifies individuals based on race, color, or national origin. Parents Involved in Cmty. Schs. v. Seattle Sch. Dist. No.1,551 U.S. 701, 720 (2007) (“[W]hen thegovernment distributes burdens or benefits on the basis of individual racial classifications, that action is reviewed under strict scrutiny.”); Gratz v. Bollinger, 539 U.S. 244, 270 (2003) (applying strict scrutiny to student admissionspoliciesthatconsidered race as a factor). Similarly, Title VI requiresrecipients to demonstrate that any intentional use of race,color,or national originclassificationis “narrowlytailored” to achieve a“compelling” government interest. Parents Involved,551 U.S. at 720.

What is Title VI case law?

Title VI caselaw has traditionallyborrowedjurisprudence from othercivil rights laws with a similar structure and purpose. [8] The remainderof this sectionexaminesmethodsof proving intentional discrimination in greater detail, with reference to case law not only under Title VI and the Equal Protection Clause, but also under Title VII; Title IX of the Education Amendmentsof 1972, 20 U.S.C. § 1681 et seq.; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §701,among other laws. Importantly,the analyses under these civilrights laws are not always the same,but this discussion identifies principlesthatare applicableto Title VI.

When does intentional discrimination occur?

Generally, intentional discriminationoccurs when the recipientacted,atleast inpart,be causeofthe actual or perceived race, color,ornationaloriginof the alleged victimsof discriminatorytreatment. Doe ex rel. Doe v. Lower Merion Sch. Dist.,665 F.3d 524, 548 (3d Cir. 2011). Whilediscriminatory intentneednotbetheonlymotive, aviolationoccurswhentheevidence showsthattheentityadoptedapolicyatissue “‘because of,’ not merely ‘in spite of,’ its adverse effectsupon an identifiable group.” Pers. Adm’r of Mass. v. Feeney, 442 U.S. 256, 279 (1979). Some assumethat the intentional use of race should be carefully scrutinized only when the intent is to harm a group or an individualdefined by race, color,or nationalorigin. Thatis nottrue:the SupremeCourt inCity of Richmond v. J.A. Croson Co.,488 U.S. 469, 493 (1989), and Adarand Constructors, Inc., v. Pena,515 U.S. 200, 226 (1995), established that any intentional use ofrace,whetherfor maliciousor benignmotives,issubject to themostcareful judicial scrutiny.[5] Accordingly, therecordneednotcontain evidence of “bad faith, ill will or any evil motiveon thepart of the [recipient].” Williamsv. CityofDothan, 745 F.2d 1406, 1414 (11th Cir. 1984).

Does direct evidence of discriminatory intent require a virtual admission of illegality?

This type of direct evidence ofdiscriminatoryintent does not require “a virtual admissionof illegality.” Venters, 123 F.3d at 973. Forexample, directevidence need not take the form of an admissionwhere the defendant states “I’m [taking this adverse action] because you’re in a protected group.” Sheehan v. Donlen Corp.,173 F.3d 1039, 1044 (7th Cir. 1999);see Venters,123 F.3d at 973. The court inVentersexplained that “the evidence need not be this obvious to qualify as direct evidence.” Id. And the Sheehan courtexplained why: because such a requirement“would cripple enforcementof the ... discriminationlaws.” Sheehan, 173 F.3d at 1044. The direct evidence of suchremarksmust,however,establish that race was an important factormotivating the challenged action. “Strayremarks,” “derogatorycomments,” even those uttered by decision-makers,maynot constitute directevidence of discriminationif unrelated to the adverse decision. Price Waterhouse,490 U.S. at 277 (O’Connor,J., concurring);Fuentesv. Perskie, 32 F.3d 759, 767 (3d Cir. 1994). Evidence ofsuchremarksor comments is nevertheless important in an intent case, and can help to establish circumstantialor indirect evidence of intent. Doe v. C.A.R.S. Prot. Plus, Inc.,527 F.3d 358, 368 (3d Cir. 2008); Fitzgerald v. Action, Inc.,521 F.3d 867, 877 (8th Cir. 2008) (same);see also Lounds v. Lincare, Inc., 812 F.3d 1208, 1224(10th Cir. 2015) (citing Kerri Lynn Stone, Taking in Strays: A Critique of the StrayCommentDoctrineinEmploymentDiscrimination Law,77 Mo. L. Rev. 149, 177 (2012) (“[S]tray remarkscan prove to be invaluable insightsinto biases at every level of consciousness that maybe rife but invisiblewithin theworkplace.... [They] may bespeak a workplace culture in which certain language orsentiments are tolerated and perhaps encouraged or rewarded.”)).

Is direct evidence a clean case?

A clean “directevidence” case—where directevidence alone establishes thatdiscrimination was the sole reason for an adverse decision—is rare. Price Waterhouse,490 U.S. at 271 (“[D]irect evidence of intentionaldiscrimination is hard tocome by.”) (O’Connor, J., concurring). After all, decision-makersseldomwill admitthatthey based decisions on raceorethnicorigin, or used either as a criterion. See, e.g.,SECSYS, LLC v. Vigil,666 F.3d 678, 686 (10th Cir. 2012).

Who is responsible for assuring that victims are afforded the protections and assistance they deserve?

Those primarily responsible for assuring that victims are afforded the protections and assistance they deserve are criminal justice system professionals . The criminal justice system, at its fundamental level, includes the following: Law enforcement. Prosecution.

What are the allied professions in criminal justice?

Allied professions, such as mental health, child welfare, medical, and others, often have significant roles within the criminal justice process. The dynamics of these professional perspectives within the system need to be understood to best protect victims' rights.

How many probation and parole offices were there in 1996?

Fragmented system. On January 1, 1996, 3,285 local probation and parole offices were operated by 861 separate agencies. This high degree of decentralization requires the establishment of protocols, guidelines, and structure within which interstate and interagency probation and parole business (such as case transfers and investigations) can be conducted.

Why is victim sensitivity training important?

In the past, police academies have not provided adequate training for law enforcement personnel regarding victimization and the effect that crime has on crime victims. This means that when undertrained law enforcement personnel come into contact with an emotionally distraught victim, a victim's confidence and willingness to participate in the criminal justice system may be undermined.

Why are state constitutional amendments so varied?

This is a result of the specific idiosyncracies of each state's approach to their constitution and the political power of the victim rights' advocates in a particular state. Some of these amendments could be considered relatively weak and others considered strong.

What is the role of victims in criminal justice?

The victims' role within the system must be understood in this context. In large part, legislatively established "rights" provide victims with the means to make the system more accountable to them.

Is court based policing a victim's only hope?

This means that court-based programs will never come into contact with large numbers of victims. Victims' only hope for assistance from the criminal justice system is at the police-based level. The move toward community policing in many jurisdictions has important implications for victims and those who serve them.

Why is the burden of proof ambiguous?

Greenwich Collieries, the Supreme Court explained that "burden of proof" is ambiguous because it has historically referred to two distinct burdens: the burden of persuasion, and the burden of production.

Who bears the burden of proof in a civil suit?

In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the Plaintiff, and the Defendant bears the burden of proving an affirmative defense . The party that does not carry the burden of proof is presumed to be correct, until the burden shifts after party with the burden ...

What happens when a party does not carry the burden of proof?

Once a party meets its burden of proof, the burden then shifts to the other party.

What is the burden of proof?

Burden of proof is a legal duty that encompasses two connected but separate ideas that apply for establishing the truth of facts in a trial before tribunals in the United States: the "burden of production" and the "burden of persuasion.". In a legal dispute, one party is initially presumed to be correct, while the other side bears the burden ...

What is the burden of persuasion?

A "burden of persuasion" or "risk of non-persuasion" is an obligation that remains on a single party for the duration of the court proceeding. Once the burden has been entirely discharged to the satisfaction of the trier of fact, the party carrying the burden will succeed in its claim.

How many standards of proof are there in the UK?

In the three jurisdictions of the UK (Northern Ireland; England & Wales; and Scotland) there are only two standards of proof in trials. (There are others which are defined in statutes, such as those relating to police powers.)

Why is proof so high in criminal trials?

The main reason that this high level of proof is demanded in criminal trials is that such proceedings can result in the deprivation of a defendant's liberty or even in his or her death. These outcomes are far more severe than in civil trials, in which monetary damages are the common remedy.

What does "reasonably interpreted" mean?

reasonably interpreted as stating actual facts about an individual. Thus, rhetorical

Is there libel in the enumerated respects?

the enumerated respects, then there is no libel at all. If such a reader would

Is there a definite standard or method of calculation prescribed by law?

feeling. No definite standard or method of calculation is prescribed by law by

Is a finder of fact necessarily defamatory?

necessarily defamatory. But a finder of fact might rely upon extraneous evidence

Does slander require proof of damages?

slander per se and requires no proof of actual damages. A slander that does not

001 - Policy Regarding Disclosure of Exculpatory and Impeachment Information

002- Criminal Discovery

003 - Criminal Discovery Involving Forensic Evidence and Experts

110 - Testimony of FBI Laboratory Examiners