Friday, October 18, 2019
Law Coursework Example | Topics and Well Written Essays - 1000 words
Law - Coursework Example As such, the statement is admissible in the court. However, the statement incriminates against a person who has not been presented in court. as such the government is obliged to present McGregor in the court. In addition, the judge may require to do one or all of the following to determine the validity of the case: (1) a witness generally must swear and affirm that the evidence is credible and truthful. (2) The witness must present themselves personally at the trial in order to allow the jury to observe or the testimony firsthand. (3) The witness must cross-examination so as to test on the facts presented In a court proceeding, identification of the defendant is fundamental in proving beyond reasonable doubt that the defendant committed the crime. In this case, the evidence that Jackson presents will make the judge believe that Jackson really knew the person who knocked him down. As such, the evidence will be important in prior identification of the defendant. The statement is a present sense impression that cannot be dismissed as it explain the incident prior to that particular event,. The presiding jury should admit the evidence to show that van#2 was not properly maintained. In this case, the statement by Arturo cannot be taken as evidence that the driver and the mechanic had prior knowledge or were responsible for the maintenance of the van. In this case, the statement by Arturo declares that Van #2 had mechanical problems and hence could have probably caused the accident According to the email, the defendant admits that the contract existed and as such, they are willing to settle half the amount of the contract. In this case, the judge should rule that the contact was real. Similarly, the judge cannot rule against the evidence in accordance with Rule 408 since the email provides no evidence of ongoing negotiations. All what is in the email is a blackmail from one party coercing the plaintiff to accept half
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