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17

This is known as Judicial notice and is used in many jurisdictions. It is normally supposed to be used only for facts about which there could be no possible controversy. The Wikipedia article linked above mentions such examples as "which day of the week corresponded to a particular calendar date or the approximate time at sunset." It can also be ...


1

In England and Wales, if a solicitor knows that a statement they are making is false or misleading (e.g. the client has admitted to them that he did something but wants the solicitor to tell the court that he didn't) then they are obliged to stop acting for their client. This is because of a conflict between the following rules in the SRA code of conduct: 1....


4

The link involves a New Zealand case, and I don't know what the ethical rules there say about this practice. In Colorado, where I practice, which is also a common law jurisdiction, it is categorically prohibited, at a matter of attorney ethics, for an attorney in a trial to express a personal opinion as to whether or not a crime was committed or whether or ...


1

A defense lawyer may in fact believe that the accused is in fact innocent, even if the lawyer does not have solid proof of that fact. But what a lawyer says during an opening argument need not be what the lawyer in fact thinks, nor what the lawyer can surely prove. It will be what the lawyer wants the jury to conclude from the evidence to be presented. It ...


6

In the case you link, this was given as an opening statement by the defense. Opening statements do not contain evidence. The defendant may or may not testify on their own behalf during the trial - this testimony, if given, counts as evidence, even if it is somewhat self-serving. And anything which tends to casts doubt as to the defendant's guilt is evidence ...


2

When a company sells you things and ships them to you, they are obligated to actually get them to you: they can't say "We gave it to our shipper, it's your responsibility now". The same is true with a return: you have to be sure that the stuff is received. The typical way of doing that is to insure the shipment and get a tracking number, so that if ...


2

The Privy Council recently summarised the common law in relation to cross-examination on credit, in Clarke v The State [2021] UKPC 16 at [40]: At common law, therefore, the judge had a discretion to permit cross-examination as to credit. In exercising that discretion he was required to have regard to whether such questions would seriously affect the jury’s ...


2

In the United States, this would be pretty uncontroversial as a legal matter. A witness's bias speaks to his credibility, and the general rule is that a witness's credibility is always relevant. Dan would therefore have a reasonable amount of freedom to make inquiries into these matters, but he can probably expect the judge to shut it down before too long if ...


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