What has been happening in Ireland, after all in the case of the McCracken, Moriarty, Mahon, and Morris Tribunals, but the investigation of criminal conspiracies?
“Continuous Professional Development” (CPD) is an idea with a banal element. It behooves everybody to stay on top of their job, and to express that in jargon is to suggest that the work of some people is beyond accountability; otherwise, why the need to nudge them to competence? Of course we know the work of some people is beyond accountability, but that is for another day and another subject. The Government’s new Bill on “Surveillance” is certainly a necessary topic […]
That general sense is, often, a hankering for corroboration, as in “…yes, I took the bus home that day, here is the ticket showing the date, the time and the route number”. Here the proof is not the ticket, it is the statement, “I took the bus home…”.
But it would be hard to beat the title of the book – “Represent Yourself in Court and Win!”, for an unhelpful and irritating phrase.
A plaintiff must prove the liability of the defendant. This is not equivalent to proving causation. Liability may arise where proof of an error in judgment or management is established, but the plaintiff must go in to prove that that error was the cause, or a cause, of the untoward outcome for the patient.
That this should emerge twice in the one month, in the Supreme Court is a measure of two things; the frequency with which the Gardai prematurely dispose of evidence and the sclerosis of the criminal prosecution system that it should so stubbornly cling to the determination to prosecute in cases where the accused claims to be disadvantaged in making his/her defence.
Hmm. Is there a gap? How should one prove the ââ¦declaration, decision,â¦â? etc. of which the judge will take judicial notice? Where is the authoritative copy available? Are all copies authoritative?
It’s easier to forget than to remember. If a witness has forgotten things it is permissible, sometimes, for the witness to check a written record of what has been forgotten.
There is a perception that circumstantial evidence is inferior to direct evidence. That perception is wrong but its articulation often conceals a deeper problem; the ability to understand the relationship of one fact to another fact is a variable and is dependent on the discovery of that factual relationship, by society, and, fortuitously, intelligence in the individual to make the discovery his/her own.