1. Circumstantial evidence, also known as ‘indirect’ evidence, is often dismissed as being weaker than direct evidence. By its very definition, circumstantial evidence seems to be less credible because it requires an extra step of inference to determine a conclusion that might not even be the truth. Evidence is powerful when it successfully establishes facts and fulfills the burden of proof. Powerful evidence is credible, and paints a clearer picture of the truth, which allows courts to make more informed decisions in the interests of justice.
Mediation as a whole became a favorable form to resolve disputes among people because of the need for a speedy decision but e-mediation has revolutionized the speedy factor even further. Studies have shown that divorcing couples that choose mediation obtain resolutions in about half the time it would take if the couple would choose the judicial process. But for those that choose e-mediation in divorce disputes, the time frame is even much shorter because of no need for face-to-face meetings, coordination of schedules between all three-parties, and time spent in traveling back and forth. Further, e-mediation provides a more friendly and cost effective way of bringing a resolution to the
The constitution is considered to have supremacy over basic statutes, which shows the importance and appreciation of justice in law. Also the Universal Declaration of Human Rights indicates how justice as fairness, equality of all people and all nations, and many others, are set out as fundamental human rights to be universally protected. Considering this, it could be argued that justice is a scheme or system in law in which every person receives his or her due from the system, including all these rights, both natural and legal. Another matter though is that are these rights given and protected universally to all in practice, but that is case that has to address in another paper because of the lack of space
For a constructive trust to take place a detrimental reliance is also needed the maxim states that ‘Equity will not assist a volunteer showing there must be some hardship based on the reliance. As well as this, equitable fraud is also needed which is shown in the case of Yaxley v Gotts where it was stated that it would be inequitable to disregard the claimant’s expectations and the courts wanted to avert ‘injustice’. This shows constructive trusts are more fair and flexible as they allow for justice to prevail even without an
Specific Performance can be granted only by the court in the exercise of its equity powers, subsequent to a determination of whether a valid contract can be enforced exist and an evaluation of the relief sought. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land and unique chattel. Damages for the breach of a contract for the sale of ordinary personal property are, in most cases, readily ascertainable and recoverable so that specific performance will not be granted. The advantage of this remedy is that, since it is an order of an equity court it is also been supported by the enforcement power of that court. If the defendant refuses to obey that order, she can be cited for criminal contempt and even imprisoned.
Conflict resolution is not taught in school it is a lifelong skill which we have to personally explore and learn. Conflict is not always considered a negative thing, it is undoubtly better if there was no conflict however differences in character, in themselves are not the problem, it is how one handles disharmony which is of concern. A number of people might prefer to take an adversarial approach, by litigating in court, others might agree to arbitration (even before there is an actual dispute) whilst some might opt for voluntary negotiation or mediation . So in cases of conflict people either avoid confrontation by walking away from the situation or resort to formal or informal institutions to resolve their
Life insurance is a legally enforceable contract between two parties both of whom are legally qualified to contract. It is therefore, necessary that the terms and conditions of the agreement must be suitably documented in a manner that would make it clear that both parties to the contract are Ad-idem i.e., of the same mind. Ad-Idem means that both the parties understand the same thing in the same sense or are of the same mind on the same subject. There must be consensus or Ad-Idem between the parties to the contract. This is possible provided all the terms and conditions, rights and duties - privileges and obligations are properly documented in terms which can be clearly interpreted in a court of law.
Mediator might or might not be legally trained professionals. The parties will be encouraged to accept mediator’s finding solutions. This is not necessary and the parties should not want to follow mediator’s recommendations, they may choose to take the matter to the courts. Advantage - Mediation is in most areas as a less complex and cost-effective way to solve, without going through the trial or arbitration of commercial disputes in Alternative Dispute Resolution (ADR) methods. Disadvantage – The mediator might or might not be legally trained professionals as mediator does not really understand the case.
It is the time to conflict resolution and suppression. Create the same point of view to all people. Processual approach is basing on these stage to take action and make the negotiation be more effective and can continue to the end. It can make the negotiation directly and can easier to identify the conflicts. It will be helpful for negotiation which discuss about the topic with more element with veto of different sides, such as sell or not sell, the type of yes or no question.
and they deal those matters by rotation without having specialized knowledge in the field like they deal criminal first they tax law which affect the quality of justice and also need to be specialized and also better training should be given to the judges during appointment will work. Another issue of witness protection and offence of perjury has been a highlight of malimath committee report where they emphasized on rights of witness as it was guaranteed in USA and other countries for their protection from different threats and other process of turning hostile and also convenient for them to be a part of justice system, further process of taking action against perjury is also cumbersome and unsatisfactory and it need to be changed where judges can punish for the offence of perjury strictly according to section 8 of the act and also change in section 344 of CRPC should be made to punish perjury. Short term tenure of judges in apex court is an issue need to be considered where in short span of time they do not master the law and acquire maturity at the Supreme Court level because of retirement at the age of 65. Comparing to USA there is no retirement age