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Aug 12, 2023 · Students should use this outline as a supplement rather than a substitute for course-specific outlines. Last reviewed August 2023. Read summaries of cases involving topics such as character evidence, expert witnesses, the hearsay rule, the Confrontation Clause, and witness impeachment.
Jun 10, 2020 · United States v. Huskisson. Seventh Circuit Holds that Evidence Gathered Through an Unlawful Search of a Home May Be Admissible Under the Independent Source Doctrine Even if Tainted Evidence Is Described in the Warrant Application. The Supreme Court established the exclusionary rule under the Fourth Amendment to deter police misconduct by ...
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- The Case of Proclamations, 1610
- Entick V Carrington, 1765
- R V Dudley and Stephens, 1884
- Carlill V Carbolic Smoke Ball Co, 1893
- Donoghue and Stevenson, 1932
- Fagan V Metropolitan Police Commissioner, 1969
- R V R, 1991
- The Belmarsh Case, 2004
Over 400 years ago, the chief justice, Sir Edward Coke, ruled thatKing James I could not prohibit new building in London without the support of parliament. King James believed that he had a divine right to make any laws that he wished. But the court opposed his view, and decided that the monarchy could not wield its power in this arbitrary way. By ...
Author and schoolmaster John Entick was suspected of writing a libellous pamphlet against the government. In response, the secretary of state sent Nathan Carrington, along with a group of other king’s men, to search Entick’s house for evidence. Entick then sued the men for trespass. The court decided thatthe secretary of state did not have the lega...
In this case, the survivors of a shipwreck who killed and ate the youngest and weakest crew member were prosecuted for murder. Their defence was based on “necessity” – that they needed to eat the boy, as they were unlikely to survive and the boy probably would have died anyway. It may have been a “custom of the sea”that cannibalism was allowed unde...
Mrs Carlill sued the manufacturerof the carbolic smoke ball – a device for preventing colds and flu – which had promised a reward of £100 for any one catching flu following the use of its product but then refused to pay out. The court decided that this promise, together with Mrs Carlill’s use of the product as directed, amounted to a legally bindin...
In a case originating in Scotland, Mrs Donoghue was given a bottle of ginger beer which allegedly containedthe decomposed remains of a snail. She claimed to have suffered shock and gastroenteritis as a result. But as she had not bought the drink herself, she had no contract on which to sue. Nevertheless, the court extended the lawof negligence to r...
To be guilty of a criminal offence, there often needs to be unlawful act accompanied by a guilty state of mind, such as a criminal intent. So, having accidentally driven his car onto a policeman’s foot, did Mr Fagan commit an assault when he decided not to remove it? Mr Fagan suggested not because he had no criminal intent at the time the car first...
The law is constantly evolving to meet changing social attitudes. In this case, the House of Lords swept away the common law rule that a man could not be guilty of raping his wife. The previous rule was based on a 1736 pronouncement that: The House of Lords ruled thatfor modern times, marriage is a partnership of equals and any other suggestion was...
The Human Rights Act empowered judges to review acts of parliament, to check if they are compatible with the European Convention on Human Rights. Using this power, the House of Lords ruled thata statute which allowed terrorist suspects to be detained indefinitely without trial breached the suspects’ human rights. The caseshows how modern courts ask...
- Nicholas Clapham
Feb 18, 2024 · The so-called law of evidence is made up largely of procedural regulations concerning the proof and presentation of facts, whether involving the testimony of witnesses, the presentation of documents or physical objects, or the assertion of a foreign law.
Jun 4, 2020 · Fact-Checked. The outcome of a case often depends on what evidence is admissible. While rules of evidence and case law provide guidance on admissible evidence, attorneys know that judges have wide discretion in allowing evidence. A well-timed objection can throw a wrench in the opposing party's case or get a jury on your side.
Jan 27, 2020 · 27 January 2020. Articles. As well as some headline grabbing Brexit litigation, 2019 featured many important cases for public authorities and those that deal with them. Our experts have chosen their top ten cases of 2019 that highlight an important principle or point of law for inclusion in our first update of the year.
Direct evidence usually is that which speaks for itself: eyewitness accounts, a confession, or a weapon. Circumstantial evidence usually is that which suggests a fact by implication or inference: the appearance of the scene of a crime, testimony that suggests a connection or link with a crime, physical evidence that suggests criminal activity.