Law of Evidence Essay Example | Topics and Well Written Essays - 750 words - 2

Law of Evidence - Essay Example Civilcases, on theotherhand, havethegeneralprinciple of, ‘hewhoasserts must prove.’ Itrefers to theability of theburden to changeposition based on who is trying to ascertainthefact. Notably, there are certainenactedlaws that governandestablishtheapportionment of theburden of proof. Theseincludethe ‘Human Rights Act 1998’ andthe ‘Strasbourg case-law.’ Whilst in theburden of proofthere is thepossibility to applyrules of evidence that relate to bothcriminalandcivilcases, thestandard of proof relies on dissection of the two. It is specific to rulesbeingapplied with reference to thenature of thecase; that is whetherit is criminalorcivil. Theburden of outliningtheguilt of thedefendant is theobligation of theprosecution. This is to say, theparticulars that led to thecasebeingput into trial must be welloutlinedandestablished. Thejury should onlypassconviction in theeventthatthey are certainthattheevidence that has beenprovidedsufficientlyprovestheguilt of thedefendant. Guiltorinnocence should not be determined byanyotherprovisionsother than thosebrought forward by theprosecution. It is only from thoseprovisions that a clearcutdecisionand one that is free from bias can be made. In coming to theconclusion on which side is obligated to prove a certainfact, thecourt has to offer its judgement on the phrasing of thestatutoryallotments. Theseprovisions will guidethewayforwardforthecourt to ensurethattheside that emerges victorious has a case that can holdwater before a jury. Nonetheless, ifindeedthe evidential burdenrequirementhadalreadybeentaken into consideration, theprosecution’s side should proceed with easeifthisburdenfalls upon them. Ifstatutoryallotmentsare not taken into considerationwhilemakingthisdecision, it is more than likelythattheentirecase will be crippled at a setpoint. Thecourt can rely on evidence that is indirect in caseswheretheevidenceways in heavily on

Corruption in Spain Article Example | Topics and Well Written Essays - 250 words

Corruption in Spain - Article Example The article "Corruption in Spain" talks about the corruption situation in Spain involving Princess Cristina de Borbon, sister of Spain’s King and a former board member of Noos institute, and her husband who was the chair of Noos Institute. It is alleged that Princess Cristina's husband and his business partner used the consultancy and organization of tourism and sports banner together with their connections to obtain public contracts, which they overcharged. They stowed away the money in offshore accounts and other privately owned companies. Between 2003 and 2006, Urdangarin and Diego Torres, his former partner siphoned millions through Noor. In addition, it is alleged that Urdangarin and Christina used their company Aizoon to launder funds from their government. They obtained lucrative public contracts without bidding but used their royal connections to do so. Her silence involvement comes from the fact that she was a board member of Noor and a co-owner of Aizoon, a private company which she jointly owned with her husband, therefore, there is no way that Urdangarin would have committed the alleged crime without her knowledge. Similarly, Aizoon has the history of constantly changing its legal domicile. This together with the numerous links that it has with Noos is not a coincidence. The case is historic not only for Spain as a country but also for the entire Europe as it stresses the respect for and the independence of Spain’s judicial system.