Evidence, proof, and blame, with some notes on australia’s family law act gumshoe news gas vs electric oven efficiency

##########

Start with blame. Are you unhappy about something? Maybe a lack of heat in your apartment? You might blame the landlord: “He’s stingy and doesn’t care about us.” You might blame yourself: “If I had been more focused when the shop was selling floor heaters pre-season, I’d by comfy now.” You might blame your husband: “Stupid Bob should have remembered to call the gas company to connect our service.”

I believe that “proof” is always subjective, in the mind of the audience. electricity jeopardy If that botanist carried out several trials, and made allowance for other factors, and perhaps had her study duplicated by others who had no interest in the matter, we might say she proved the case. Or we may continue to doubt that she had sufficient evidence, or doubt her honesty.

Legislatures have enacted laws as to what kind of evidence or what level of proof is required in certain types of situations. If it is not mentioned, the default position is that the standard of proof in a civil action is that the case must be proved “on the balance of probabilities” while for a criminal conviction it must be proved “beyond reasonable doubt.”

Less famously, the Maryland Court of Appeals ruled that all pit bull dogs are to be deemed vicious. gas evolution reaction Previously, a plaintiff suing over a dog bite had to prove that the dog’s owner was aware of its dangerous behavior. So it’s not that the court changed the quality of evidence (such as the medical record of the bite) but it eased the burden of getting damages.

The Commonwealth Evidence Act 1995 applies in federal court and in the state courts of the three southeast states — Victoria, Tasmania, and New South Wales — that have opted for it. la gasolina lyrics translation At the website of the National Archives of Australia (naa.gov.au), Australia, we see this paraphrase of a part of the Commonwealth Evidence Act on admissibility and weight of evidence.

“This may occur for a number of reasons. For example, it may have been a long time since the events in question happened, the witness may give confused testimony, or may have some physical incapacity (e.g. poor eyesight) or have some personal inclination or motivation that causes the court to disbelieve their evidence (e.g. it may be shown that the witness is inclined to lie, or bears ill-will against someone connected with the proceeding).

“More usually, evidence of information given in court will not be ‘direct observation’ evidence. Instead it will be evidence that suggests, or from which it can be inferred, that a particular fact occurred. In this regard, the weight of evidence of a record can be adversely affected if it is not contemporaneous with the events it documents (i.e. if it is created well after the events it purports to record).”

“The Commonwealth, in litigation, seeks to prove that a certain conversation took place. The Commonwealth has located a Minute to the Secretary of the agency which quotes from a file note of the conversation. gas 93 However the actual file note of the conversation cannot be found. gas key staking tool That document is found to be admissible. The weight given [may be influenced by] evidence that the file note was written at the time of the conversation.

(a) Divisions 3, 4 and 5 of Part 2.1 (which deal with general rules about giving evidence, examination in chief, re-examination and cross-examination), other than sections 26, [about the court’s control over questioning of witnesses], 30 [about interpreters], 36 [re examination of a person without subpoena or other process, and 41 [about improper questions].

69ZX Court’s general duties and powers relating to evidence (4) In proceedings under this Part in which the court is required to regard the best interests of the child as the paramount consideration: (a) subsection 126H(1) of the Evidence Act 1995 does not apply in relation to information that would: (i) reveal the identity of a journalist’s source; or (ii) enable that identity to be discovered; if the court considers that it is in the best interests of the child for the information….

Thank you Mary for publishing this. It explains it well. I’d like to also add that our Department of Child Protection also doesn’t have to abide by the Evidence Act. Hearsay by third parties such as the social workers, psychologists etc can be used by the Judge rather than proper evidence. all 4 gas giants names So when a child discloses to a third party such as the social worker, they write a report & ‘leave out’ the important disclosures, it is assumed by the Judge that no disclosure was made. Unfortunately at this point of time there doesn’t have to be direct evidence, such as voice recordings of these interviews. eur j gastroenterology hepatology impact factor This is how the deliberate avoidance of sexual abuse allegations are being gotten away with.

My children were removed from my care after raising issues of sexual abuse in the family court. Their reason, for future emotional harm! Stupid assumption!!! Yet the court deliberately caused harm for my children for removing them from my protective care and lying to them as to why they were being removed (that I was mentally unwell & needed to go to a psychiatric hospital). Paedophile protecting family court!

Its not Pit Bull dogs we need to fear but te owners, same as politicians, we need to be protected against those who are protecting us, the slogans stating more security is all part of our loss of freedoms, of course if we had world peace the role of politicians would deminish so what is the alternative? to sell armaments and displace people to come to the “free world” and for us to decide who is worthy to be here,often the corrupt who are racketeers are the first to be chosen, they are all people we can relate to as citizens of substance increasing our housing costs to Australians but to those who are in the housing game such Trivioli, on ABC, Breakfast on a low income of a quarter of a million dollars sallary would be welcome for her property portfolio, and our politicians.and I am not sure what her co partner is on slightly less I assume, but to fill the gap of emptyness we cannot go without his puns which we all find so hilarious, if we cannot go through the day without our Breakfast program to fill our minds with trivia as most of us need this edification as being intelligent Australians, a reflection of a lost people who no longer manage our selves , requiring prop ups such as our Monarchy, a constant need for money from abroad, constant commentaters to explain why we are who we are, and to explain to us if we were to have pay cuts to a minimum of one dollar a day, we could get out or trouble, if only we were not so selfish and another hundred thousand pay rise to ou prime ministers, making a mere 600 hundred thousand PA, and these people who pick fruit from abroad leave here with nomoney because the cost of being here means no money leaves, as Morrison stated, it is thanks to intelligent leaders as such and a Australian public who vote this type of material in that we can thank God we are the richest country in the world and yet every one I know is struggling to survive? what a weird place to live and the goverment attempted to cut costs by giving less to those who are welfare food?

60cc (2)b the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence is identified as giving greater weight to 60cc (2) a – the benefit to the child of having a meaningful relationship with both of the child’s parents. Somehow Judges cannot get it through their thick heads that children usually don’t want a relationship with a parent that touches them up, bullies them or hurts them or their mother! Of course the mother is always to blame for this ‘parental alientation’ which of course Dee has covered already with the pedo Richard Gardener.

These judges also ‘forget’ about 60cc 2 (A) 3 – where any views expressed by the child and any factors such as the child’s maturity or level of understanding that the court thinks are relevant to the weight it should give to the child’s views. kansas gas service login Well that just goes out the window completely, as we have seen time and time again, the child in reality has no voice. Just because it’s written into the FLA doesn’t mean anything except that the Judge can pretend he cares about the child’s views.