Emancipated Minor: a person under the age of 18 who is declared legally an adult. 11. Privileged communication: private information 12. Res gestae: means thing done or that hearsay evidence (something that someone heard someone else say) can be used in court 13. Res judicata: means the thing is
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Which You Would Establish Ground Rules With Your Learners‚ That Underpin Behaviour And Respect For Others. The definition of ground rules is “the basic rules or principles on which future actions or behaviour should be based” www.dictionary.reference.com. In any teaching or learning environment it is important to establish ground rules to set boundaries for all participants and to create an ideal learning atmosphere‚ as ’no group can work successfully without rules that govern interactions and behaviour’
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The exclusionary rule is a term used to refer to the legal principle in the United Sates‚ which holds that evidence analyzed and collected in violation of a person’s constitutional rights. It is sometimes admissible for the persecution of criminal in the court of law. To protect the constitutional rights‚ an exclusionary rule might be considered as an example of a prophylactic rule which is created by the Judiciary. In most cases‚ it is used to protect the constitutional rights of a person such
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Golden Rule Of Interpretation-Comparision Between English Law And Indian Law INTRODUCTION The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear‚ plain and unambiguous‚ then the courts are bound to give effect to that meaning‚ irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver. In law‚ the
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Contemporary Issues Paper: The Exclusionary Rule Jennifer Howell November 6‚ 2010 The Exclusionary Rule and Its Exceptions Introduction: The Exclusionary Rule The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. (US Const. amend. IV) Though the Amendment “forbids unreasonable searches and seizures‚ it does not provide a mechanism for prevention or a remedy.” (Jackson‚ 1996) After passage of
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Chapter Four – The Exclusionary Rule Vicente Farias Jose Martinez The Exclusionary Rule The Exclusionary Rule – Evidence obtained in violation of Fourth Amendment cannot be used at trial – The primary purpose of the exclusionary rule is to deter police misconduct – What other purpose does the exclusionary rule have? The Exclusionary Rule In Mapp v Ohio (1961)‚ the Court stated that any evidence seized in violation of the Fourth Amendment could not be admitted into any court‚ state or federal
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"exclusionary rule" until they know what is stated in the Fourth Amendment. The Fourth Amendment and the exclusionary rule go hand in hand. The Fourth Amendment was put into the constitution to limit on the actions of overzealous officers (Peak‚ 2006). Then‚ one must understand what is meant by "probable cause." Armed with this information‚ we can discuss the definition of the exclusionary rule and some of its history. Also‚ we will list some of the advantages and disadvantages of the exclusionary rule and
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Should the Exclusionary Rule be Abolished? John Doe University of Phoenix Criminal Procedure CJA350 Mr. Instructor Feb 07‚ 2006 Should the Exclusionary Rule be Abolished? Does the exclusionary rule protect the guilty? For years people have argued if the exclusionary rule is significantly helping the rather obvious criminal. By abolishing the exclusionary rule some people fear the whole purpose of the fourth amendment would be violated by using evidence attained illegally. If the proper
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THE E-MAILS ARE ADMISSABLE IN ORDER TO HELP ESTABLISH WHETHER SUMMER AND RYAN WERE DATING. The Federal Rules of Evidence provides: "Hearsay is a statement‚ other than one made by the declarant while testifying at the trial or hearing‚ offered in evidence to prove the truth of the matter asserted." Fed. R. Evid. 801(c). Although hearsay is inadmissible at trial‚ an exception to the hearsay rule applies when the declaration is material to the issues under trial and is that of "intention‚ feelings
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Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s‚ Detectives‚ etc will cut corners and otherwise ignore the basic rights of the people they serve. If the rule was abolished we will see sometimes innocent people put in
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