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Relevance is a question of law and so is determined by the judge. Where it approaches the "ultimate issue" of the trial, the standard for inclusion must be stricter. To be considered necessary, the expert evidence must be outside the likely everyday experience of a judge and jury.
Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3] A range of words represents shades of intent in criminal laws around the world. The mental element, or mens rea, of murder, for example, was historically called malice aforethought.
Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
The principles of fundamental justice have been identified by courts on a case-by-case basis. In order to qualify, there must be a sufficient societal consensus that the proposed legal principle is fundamental to the fair operation of the legal system, and it must be able to be identified with sufficient precision to yield a manageable standard ...
Open justice is a legal principle that requires that judicial proceedings be conducted in a transparent manner and with the oversight of the people, so as to safeguard the rights of those subject to the power of the court and to allow for the scrutiny of the public in general.
(Reuters) -Wall Street's main indexes were little changed in choppy trading on Tuesday, as investor focus remained on a key inflation report due later this week that could influence the Federal ...
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Each week during the 2024-25 NBA season, we will take a deeper dive into some of the league’s biggest storylines in an attempt to determine whether trends are based more in fact or fiction ...