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Relationship Evidence
In law of evidence, relationship evidence describes a particular class of circumstantial evidence, defined in Australian jurisprudence as that which explains the "nature of the relationship between the complainant and the defendant". It provides a context for the offending behavior. Similar to tendency evidence, it establishes the tendency to commit an offence, usually multiple minor instances that often go unreported. The nature of the relationship is often obtained from witnesses who are extraneous to the offences charged. Another form of relationship evidence relates to the establishment of a relationship for the purposes of claiming a benefit of some kind. Admissibility The admissibility of this type of evidence derives from common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on pr ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ...
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Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly, i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Sally Dowling
Sally Dowling is an Australian lawyer who has been Director of Public Prosecutions for New South Wales since August 2021. Early life and education Dowling is one of three children; her mother, Stephanie Claire, worked as an English teacher and writer, and later married artist Salvatore Zofrea. Dowling attended North Sydney Girls High School but left in Year 11. She worked as a waitress and a bookie's clerk before later completing her HSC at TAFE. She graduated from the University of Sydney in 1994. Career Dowling was admitted as a legal practitioner in 1995. She worked as an associate to Justice Hill in the Federal Court before practicing intellectual property and trade practices law as a solicitor. She was admitted as a barrister in 1997 and worked in private practice in commercial and intellectual property. Dowling started work at the DPP in 2001 and became a Crown prosecutor since 2005. In 2004, when her children were very young, Dowling was the only part-time trial cr ...
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Adopted Child
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity Adoption for the well-born While the modern form of adoption emerged in the United States, form ...
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Certified Copy
A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document. A certified copy is often used in English-speaking common law countries as a convenient way of providing a copy of documents. It is usually inexpensive to obtain. A certified copy may be required for official government or court purposes and for commercial purposes. It avoids the owner of important documents (especially identity documents) giving up possession of those documents which might mean a risk of their loss or damage. It has some similarities to a notarized copy, which is a form used in some countries, and particularly in some US states. A notarized copy is signed by a notary public (not to be confused with a notary in a civil law country). The certified copy is signed by a person nominated by the ...
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