...TENDENCY AND COINCIDENCE EVIDENCE IN CRIMINAL CASES (Parts of this paper are a repetition of a paper I prepared for the Legal Aid conference last year and which was published in Bar News Criminal Law Special Edition.) Ian Barker QC 1. I have practised law from a time beyond which the memory of man runneth not. At least, that is how it feels. During those years I managed, I think, to develop a slippery hold on fundamentals of the law of evidence, from the myriad cases on the subject. I was recently heartened to read something written by Sir James Stephen in about 1886 in the Introduction to his Digest of the Law of Evidence1. Speaking of the difficulty in finding concise guidance to the law of evidence he said: No such work, so far as I know, exists; for all the existing books on the Law of Evidence are written on the usual model of English law-books, which, as a general rule, aim at being collections more or less complete of all the authorities upon a given subject to which a judge would listen in an argument in court. Such works often become, under the hands of successive editors, the repositories of an extraordinary amount of research, but they seem to me to have the effect of making the attainment by direct study of a real knowledge of the law, or of any branch of it as a whole, almost impossible. The enormous mass of detail and illustration which they contain, and the habit into which their writers naturally fall, of introducing into them everything which has any...
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...(guidance on how to improve). Extend the range of methods to use for formative assessment to cover more aspects of learning. * Summative assessment is to assess whether or not the learner have achieved the standards for the qualification. Enable learners to recognise their achievements. Used for judgement Assessment for learning Guide learner through their next step. 1.2 Define the key concepts and principles of assessment Assessment has to remain fair, consistent and valid to ensure all learners have an equal and fair chance of receiving a fair assessment. It is also dependant on the unit that i maybe assessing the learner on, I will need to devise...
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...Certificate in Assessing Vocational Achievements Level 3 Charlin Lesch D60324 Unit 1501 Understanding the Principles & Practices of Assessment ------------------------------------------------- Principles and Requirements of Assessment The Functions of Assessment Varieties of Assessment It's been said that in life, timing is everything. As in life, assessments performed at crucial times in the learning process can spell the difference between gathering data to evaluate students and using assessments to enhance learning. Based on timing and purpose, four functions of assessment data are: * Formative Assessment provides diagnostic feedback to students and instructors at short-term intervals (e.g., during a class or on a weekly basis) * Summative assessment provides a description of students' level of attainment upon completion of an activity, module, or course * Evaluative assessment provides instructors with curricular feedback (e.g., the value of a field trip or oral presentation technique) * Educative assessment Integrated within learning activities themselves, educative assessment builds student (and faculty) insight and understandings about their own learning and teaching. In short, assessment IS a form of learning. At its most useful, educative assessment (sometimes termed active assessment) is an episode in the learning process; part of reflection and autobiographical understanding of student progress. Diagnostic...
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...Critical and Creative Thinking in Society Short Essays PHL/458 December 1, 201X XXX Introduction Critical and creative thinking are an important part of everyday life. First, this paper will describe a situation of public interest in which these could have been used for a better outcome. Next, it will define free will, truth, knowledge and opinion, how they are used to form thoughts and the role they play in critically assessing situations. It will also identify three hindrances to the critical thinking process with an experience. Lastly, it will identify a message in advertising, how it was perceived, and the reality of the advertisement and distinguish between perception and the reality of the message. Situation of Public Interest The current situation of public interest that will be discussed is the selling of swastika ridden wrapping paper by Walgreens. Walgreens was carrying the wrapping paper in celebration of Hanukkah when customers started to notice the swastikas. This is clearly offensive to the Jewish community who would be purchasing the wrapping paper. As a result the product has been pulled from the shelves (Huffington Post, 2014). This situation could have been avoided if a quality assurance individual or product reviewer was consulted. It is those individuals job to review the product and gage how consumers will perceive the product. The review process should include a checklist with critical thinking questions one it. One example would be...
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...The Competition Act 89 of 1998 (“the Act”) was used as reference Caption: Momentum Group Limited v African Life Health (Pty) Ltd (CAC) 58/CAC/Dec05 Heard in the Competition Appeal Court Decided 14 February 2006. Judgment written by Malan AJA. Davis JP and Mailula AJA concurring. Facts: This case dealt with the review and appeal of the decision of the Competition Tribunal. The applicants in the case are Momentum Group Limited (“MGL”) and two non-executive directors, L. Dippenaar and J Burger, who are the CEO and CFO of First Rand Limited (“FRL”), respectively. The Chairperson of the Competition Tribunal, the Acting Commissioner of the Competition Commission and African Life Health (Pty) Ltd (“ALH”) were respondents. The case concerned a large merger between MGL and ALH, MGL being the acquiring firm and ALH the target firm. The Competition Tribunal (“the Tribunal”) raised concern about the dual directorship held at operating and holding company level between the acquiring firm, MGL, and its parent firm, FRL, and one of FRL’s subsidiary’s, Discovery Holdings. FRL holds 65.6% shares in Discovery and wholly owns MGL. MGL and ALH operate in the medical scheme administration sector. The Competition Commission recommended that the merger be approved unconditionally after which it was referred to the Tribunal in terms of s 14A of the Act for approval. The Tribunal imposed a condition on the merger that prohibited cross directorship between Discovery and MGL. The Tribunal...
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...DRAFT SAMPLE OF POWER OF ATTORNEY BEFORE The ______________________________________________ to whom these presents come that I, ______________________________, the assessee, do hereby nominate and appoint ______________ ______________ ______________ As my counsel to represent the my self in the case of my Direct/ Indirect Taxes Assessment, Appeal, Review or Revision and any other Proceedings and authorize him to do all the following acts, deeds and things or any of them, that is to say: 1.) To act, appear, plead, conduct and argue in the above noted case before the Assessing, Appellate, Inspecting or Revising Authorities or any court in which the same may be tried or heard in the first instance or in Appear Review, Revision, Executive or in any other of its final decision. 2.) To sign, file, verify and present applications, pleadings appeals cross objections, petitions review revisions, restoration withdrawals compromises certificates, statements explanations statements of accounts returned books of accounts or such other documents or evidence as shall be deemed necessary or advisable for the prosecution of said case in all the states. 3.) To file and take back documents to deposit and receive money or refund vouchers and grant receipts therefore to receive verification or clearance certificates, orders and/or their copies to inspect files to generally represent me for all purpose and to do all other acts or things which may be necessary to be done in the...
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...in salary-based compensation, the court needed to estimate Watson’s fair and probable compensation, had he been paid in the proper amount for services rendered. The court called in Igor Ostrovsky, a government expert who worked on various reasonable compensation cases for the IRS, to examine Watson’s case and determine the market value of earned compensation. This estimate would then provide a basis for assessing tax penalties. After estimating compensation based on similar firm offerings for an equivalent position and calculating average billing rates, Ostrovsky determined that Watson’s wages should have been set at $91,044 with an accompanying tax deficiency judgment against DEWPC totaling $23,431.23. DEWPC subsequently appealed Ostrovsky’s judgment, claiming that Ostrovsky did not qualify as an “expert” and therefore “inappropriately characterized” $91,044 as wages for the purpose of assessing the FICA tax. Conclusion by Court The Eighth Circuit held that Ostrovsky was qualified based on his extensive field experience. Furthermore, because DEWPC did not provide evidence of reasonable compensation amounts during cross-examination, Ostrovsky’s opinion is the most reliable form of reasonable compensation provided to the court. Therefore, judgment is affirmed; Ostrovsky’s opinion is upheld for compensation set at $91,044 and penalties totaling $23,431.23. Relevant authority In the argument of “reasonable compensation”, the court cites Charles Schneider & Co., 500 F...
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...Many critics believe the competency tests for death row inmates have low standards and are in dying need for improvement. While John H. Blume and C. Lee Harrington’s arguments about the tests arrive at the same end, Harrington’s rhetorical techniques were dead wrong. Considering Harrington interviewed 20 high profile defense lawyers for data to support her claim that the Supreme Court needs to heighten the standard of competency for death row inmates wishing to waive their appeals, it may seem that Harrington’s rhetorical approach is more effective than John H. Blume’s. However, if we take note of the informal formatting of the quotes in Harrington’s scientific formatted article and her rhetorical strategy to only have text, it is evident that Harrington’s argument may not be as persuasive as a first glance may suggest. In comparison, John H. Blume’s argument: the Supreme Court ‘s competency test required for death row inmates to waive their appeals fails to directly assess if they are motivated by getting help in their suicide, is more effective than C. Lee Harrington’s argument....
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...different stakeholders may use in assessing corporate reputation. Are these factors consistent across stakeholders? Why or why not? A corporation’s reputation will weigh heavily on the overall performance of the company as the various stakeholders will interact or transact purchases from the company base on their reputation. Essentially the reputation will determine the flow of business for the company. Customers and/or clients will prefer a company with a positive reputation and will likely remain loyal to the company. The company will also have a competitive advantage with a positive reputation as they will be able to charge premium prices for their products. The various stakeholders will also support the company through difficult times or when the company is dealing with controversial issues. A company with a positive reputation will also be financial sound allowing its overall performance to continue to grow. A company with a poor reputation may be inclined to contrast its negative views by strengthen its commitment with more social responsibility. Often when a company’s reputation is suffering the company makes an additional effort to distract from the negativity and tries to introduce the company in a positive light which is usually in the form of becoming more socially responsible. The current status of the company’s reputation may impact the level of commitment the company has to social responsibility. The following list will aid in assessing the health of a corporate reputation: ...
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...CANADA Brief Introduction to concept of Pardon in Canada A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Under the Criminal Records Act (the CRA), the National Parole Board (the Board) may issue, grant, deny or revoke pardons for convictions under federal acts or regulations of Canada. A pardon that is granted is evidence that the conviction should no longer reflect negatively on a person's character. A person may apply for a pardon— “* if he or she was convicted of an offence under a federal act or regulation of Canada; * even if he or she is not a Canadian citizen...
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...1.1 Analyse how types of assessment are used in lifelong learning Assessments should be a regular process; it might not always be formalised, but you should be observing what your students are doing, asking questions and reviewing their progress throughout their time with you (Gravells 2012). It Is a way of finding out if learning has taken place .It enables to ascertain whether the student has gained the required skills, knowledge and attitudes needed at a given point towards their programme of learning. Assessment is not another term for evaluation: assessment is of the students whereas evaluation is of the program. Assessment is specific towards student’s achievements and how they can improve. Assessment are internally or externally set. Assessment types There are three types of assessment used in lifelong learning sector depending upon the subject and the requirements. They are Initial Assessment, Formative Assessment and Summative Assessment. Initial Assessment This is the formal way of ascertaining student’s prior skills and knowledge of the subject to be taken and whether they have any specific needs. Initial assessments will help to identify any particular aspects which may otherwise go unnoticed and also ensuring equality and diversity are met. Initial assessment will give information regarding about students, for example, any specific assessment requirements or needs they may have, their learning style or any further training and support their need. ...
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...Unit 4 Assignment Rachel Trujillo 27 April 27, 2016 Cm220 Unit 4 Assignment Worksheet In the Units 3 and 4 Discussions, you created a thesis statement that offered a solution to a problem in your community or workplace. In this unit’s Assignment, you will revise and evaluate the effectiveness of that thesis using the Toulmin Model. Part I: First of all, you will revise the provisional thesis statement that you generated in the previous unit Discussion. Make sure the thesis is concise (1–2 sentences) and includes two parts: a proposal for solving a problem and a reason that solution is needed. For more on creating effective persuasive thesis statements, review the following Writing Center resources: * “Give Your Paper Direction: Developing a Strong Thesis Statement” * “Writing a Thesis for a Persuasive Essay” ------------------------------------------------- Write your revised two-part thesis statement here, and be sure to include a claim + reason (the “because” or “since” clause): ------------------------------------------------- In order to provide soldiers with a more accurate and fair account of their body mass index the Army should discontinue use of the tape test and instead use a skinfold caliper, if a soldier does not pass the caliper they should be given the option to undergo the water displacement test wich is the golden standard for bmi testing: this will provide soldiers with a fair chance in passing their height and weight requirements. ...
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...Jaime Marzo HU1440 Week 5 Essay Assessing Evidence and Appeal. A product that I am familiar with is cellphones, lately cellphone’s advertisements have become very common, with most of them telling us the consumer how their product is better than the competitors. A couple advertisements that I analyze were, Samsung Galaxy ads, Nokia Lumina Ads, and IPhone ads. This products place a huge focus in bashing their competitors, Samsung tells us that their product is leagues away from Apple’s. Apple just tells us how great their product is, Windows just mashed up the competition between both Apple and Samsung. No this ads hit big with me, Samsung and Windows Phone put a lot of comedy in their ads, which ads emotion and attachment to their product. Apple in the other hand places a white background with their product which makes sure that you full attention is on their product, not on actors, not on comedy, just their product. All of these ads are effective in their own right. Most phone advertisements throw a lot of claims around that are not backed up by any study or anything, yet, since their ads have a huge ethos attach to them most customers blindly believe the information on their ads. A short advertisement that I will do is for the upcoming Samsung Galaxy Note III. This phone is set to have the biggest screen on any phone on the market at the time. My ad will go as simple as this: The next big thing is here…………[Pic of competing Phones sliding in and out finishing...
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...Explain the role of Assessment in teaching and learning process. 1.1 Explain the function of assessment in learning and development. “Assessment is a way of finding out if learning has taken place. It enables you to ascertain if a student has gained the skills, knowledge and/or attitudes needed at a given point towards their programme of learning”. Gravells (2010 page 110). It is primarily a gauge for the teacher and student to be able to measure progress against set criteria. Assessment can be broken down according to its purpose, that of assessment for learning, assessment as learning, assessment of learning and evaluation. Assessment for learning may begin with initial and diagnostic assessments where a teacher can learn from a student any previous learning/study that will assist in the forthcoming teaching. This can take the form of testimonies from previous teachers, portfolios, certificates and conversation. This will allow the teacher to identify a starting point and capability of a student to achieve the required outcome in the learning they are about to perform. In my own role of teaching Professional Updates the students will present a workbook linked with the coming PU lesson which they will have completed prior to the PU training. I will examine and mark the workbook to check on their knowledge and understanding. This will give me an indication of a student’s strengths and weaknesses before the training commences and allows me to tailor the lesson plan to...
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...with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or * 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a different result and which could not have been discovered in time to move for a new trial under section 4404; or * 3. fraud, misrepresentation, or other misconduct of an adverse party; or * 4. lack of jurisdiction to render the judgment or order; or * 5. reversal, modification or vacatur of a prior judgment or order upon which it is based.” Siegel, N.Y. Prac. § 426 (5th ed.) Not Every “Default” Qualifies for the Vacatur Motion of CPLR 5015(a)(1); If There Was Full Contest, Appeal Is Proper Route The point is by no means new. We make it in the original Commentary at page 209 in the main volume. A good illustration of the competition between a CPLR 5015(a)(1) motion to vacate the judgment and an appeal from the judgment appears in Lauer v. City of Buffalo, 53 A.D.3d 213, 862 N.Y.S.2d 675 (4th Dep't, July 3, 2008). When the one route is open, the other is usually closed. So, when is each open? If there was no contest at all, the motion to vacate is proper; if there was, then even if the judgment or order is denominated a “default”, appeal is the only route for to review. The Lauer case illustrates. It's treated in a...
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