Law of Evidence Essay Example | Topics and Well Written Essays - 1500 words - 2

Law of Evidence - Essay Example verse to Duane’s interests and on this basis, the prosecution counsel can contradict by introducing prior oral statements that are inconsistent with the oral testimony provided in the Court2. In order to argue successfully in favor of admitting evidence, the Prosecution will be required to prove that: The major issue the Prosecution will have to prove is therefore the question of whether the evidence of the character of WPC Kite is relevant to the subject matter of the proceedings regarding Diane. The Prosecution could argue that the substance of WPC’s confessions should be admitted as important hearsay evidence on grounds of its relevance in understanding the probative value of the statements in understanding other evidence in the case.3 Further grounds they could use to argue for admission of WPC’s statements are the general provisions for admission of confessions4 admissions by agents5 or by utilizing the provision that â€Å"a statement made by a party to a common enterprise is admissible against another party to the enterprise as evidence of any matter stated.†6 Moreover, since the statements of WPC Kite in Court will be inconsistent with his oral admissions to Duane in the car, this could provide additional grounds for the Prosecution to seek that such evidence be admitted.7 They could argue that since the testimony that WPC Kite will be offering in Court is likely to contravene the Defendant Duane’s assertion that he made unsolicited admissions in the car on the way to the police station, the admission of those oral evidence may be justified in providing evidence of his character and the fact that he did indeed make those statements. 2. In the event Duane wishes to resist the admission of such evidence, the major argument that can be offered is the lack of relevance of WPC’s criminal record in the issue of her theft indictment. For example, in the case of Funderburk8, the issue in question was whether the defendant had sexually assaulted the

MEDIATION MEMORANDUM Coursework Example | Topics and Well Written Essays - 1000 words

MEDIATION MEMORANDUM - Coursework Example hat the grapes and its products were quickly becoming a desired product and I realized that soon the grape producer will find a better offer from another distributor and buyer. I decided to protect myself and my future business investments by drafting a contract which would ensure that the grape producer will always be selling her products to me. The contract also stipulated that the price will not be increased by any cost no matter who will be willing to purchase the products later on and at whatever cost. The son of the grape producer made the delivery and since the contract was time conscious and I did not know what would happen between that delivery and the next, I explained the contract details to the son and he signed the contract. I did not coerce him into signing it and it was therefore a mutual decision after going through the contract to formalize the business deals. I had no prior knowledge of his age as he looked and seemed quite competent in handling the delivery and the payments, and I thought he was of age if he could be sent to handle the business on behalf of his parents. A few weeks later, my fears turned true after the grape producer received a better offer in price and in produce quantity and decided that my business was not worth continuing the business deal. I decided to remind the grape producer about the contract agreement only to find out that the son never mentioned it to the parents. I cannot let my efforts, and the hard work I have put into advertising and marketing the grape products from scratch, go to waste simply because a better offer has been found. It is not fair that I was the one who built the business and now that the product is known to others, I am kept aside and forgotten. The issue at hand is the lack of honoring the contract which has been signed already meaning the terms and conditions of the contract have been agreed upon and hence it can simply not be terminated without the two parties in the contract coming to an