A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. A collective term that refers to all of a person`s property, including real and personal property and other legal rights. According to this theory, evidence is sufficient to satisfy the balance of the standard of proof if the best available hypothesis, explaining the evidence and the underlying events, includes all the elements of the claim. Therefore, in a case of negligence, the best available case should include a breach of duty of care by the plaintiff and cause prejudice to the defendant, since these are the elements that must be proven to succeed in the legal claim. For the “clear and convincing” standard of proof, the best available explanation must be much better than the alternatives. In order to determine the standard of proof beyond a doubt, there must be a plausible explanation of the evidence that contains all the elements of the crime, and moreover, there must be no plausible explanation consistent with innocence (Pardo and Allen 2008: 238-240; Pardo 2013: 603-604). Conceptually different from divorce in that a divorce terminates a legal status, while a declaration of nullity states that a marital status never existed. A major difficulty with the two mathematical concepts of probative value just discussed is that, for most proofs, it is difficult to obtain the numbers needed to calculate the probability ratio (Allen 1991: 380). Exceptionally, there is quantitative data on baseline levels, as in our blood type example. When objective data are not available, the interviewer must rely on experience and basic knowledge to determine subjective values. In our blood type example, a critical factor in calculating the probability ratio was the percentage of the “suspect population” that had the same blood type as the accused. “Reference class” is the general statistical term for the role played by the suspect population in this analysis.
How to define the reference class of the “suspect population”? Should we consider the population of the country as a whole or the city or street where the alleged murder took place? What if this happened at an international airport where most people are foreign visitors? Or what if it is proven that the accused and the victim were detained in the same prison at the time of the alleged murder? Should we then take the prison population as a reference class? The distribution of blood groups may vary depending on the reference class chosen. Skeptics of mathematical modelling of probative value point out that data from different reference classes have different explanatory power and that the choice of reference class is open to contextual arguments and should be subject to contextual arguments and requires judgment; There is no a priori way to determine the correct reference class. (On the problem of the reference class in the legal determination of facts, see, in addition to the references cited in the remainder of this section, Colyvan, Regan and Ferson, 2001; Trollers, 2005; Allen and Roberts, 2007.) A third conception of evidence is an elaboration or extension of the second. According to this view, the evidence is relational. A statement of fact (Latin factum probans) is evidence in the third sense only if it can be used as a premise to infer (directly or indirectly) a fact essential to the case (factum probandum) (see section 2.2 on the concept of materiality). The fact that the defendant`s fingerprints were found in a room where something was stolen is evidence in the current sense, as it can be concluded that he was in the room, and his presence in the room is evidence of his possible participation in the theft. On the other hand, in the absence of very unusual circumstances, the fact that the accused`s preferred colour is blue would be rejected as evidence of guilt: normally, a person`s favourite colour cannot be used as a premise for a reasonable inference about his or her commission of a crime and is therefore irrelevant (see the analysis of relevance in section 2.1 below). In the third sense of “evidence,” which takes evidence as the premise of a material conclusion, “irrelevant evidence” is an oxymoron: it is simply not evidence.
Hence this statement by Bentham (1825:230): An act performed by a bailiff under the authority of a declaration to take custody of the real or personal property of a person against whom the declaration has been issued. A proceeding in which a party to legal proceedings seeks the setting aside or modification of a judgment or final order of a lower court or administrative authority. The philosophy of law or science that deals with the principles of positive law and legal relations. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. The premise of the third criticism is that the trial judge must draw a conclusion on a disputed factual assertion based on his belief in the statement. This is controversial. Beliefs are involuntary; We cannot believe something by simply choosing to believe it. The prevailing view is that beliefs are independent of context; At some point, we cannot believe something in one context and not believe in another.
On the other hand, legal fact-finding involves selection and decision-making and depends on the context; For example, evidence strong enough to support a finding of fact in a civil case may not be strong enough to support the same finding in criminal proceedings where the standard of proof is higher. It has been argued that the investigator must base his conclusions not on what he believes, but on what he accepts (Cohen 1991, 1992: 117-125, Beltrán 2006; cf.