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The main point in issue before the appellate court was whether the trial court was justified in holding that the irregularities would not “give rise to any concern that the accuseds’ right to a fair trial might be prejudiced.”2 Relevant provisions of the law3 are as follows
Prior to the enactment of the Jury Act, analogous provisions were s. 621 and s. 622 of the Criminal Code4. Section 621 provided that the jury “must not separate” and that no person was “allowed to speak to or communicate with any of them without the leave of the court until they are discharged”. In the matter of Webb & Hay5, “it was unanimously held” by the High Court “that the test to be applied for determining whether an irregular incident involving a juror warranted the discharge of the juror or the jury was whether the incident was such that, notwithstanding any proposed or actual warning of the judge, it gave rise to a reasonable apprehension or suspicion on the part of a fair-minded and informed member of the public that the juror or jury had not discharged or would not discharge their task impartially.”6
In the present case, the appellate court took exception to the opinion of the trial judge “Subsection (4) of Section 53 … requires the Court to focus not so much upon perceptions as upon the reality of prejudice, or likely prejudice, to a fair trial.” The appellate court cited the joint judgment in Jackson and Le Gros.7
The appellate Court gave five irregularities and quashed the convictions and ordered retrials. It was held that the jury should have been discharged even though there was no real danger of bias or of inability of the jury to arrive at a verdict uninfluenced by the irregularities. It was also held that the judge should have considered not only the likely prejudice on the part of the jury to be influenced, but by the perception amongst fair-minded and informed members of
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However, even if the will does not expressly revoke prior dispositions, it can do so impliedly to the extent of any inconsistency. Extrinsic evidence is always admissible for establishing implied revocation. That is a later will prevail in case of a conflict.
The ginger beer was in an opaque bottle, which prevented the contents of the bottle from clear sight. Mrs. Donoghue consumed the beer and later the remains of a decomposing snail floated in the glass when she poured the remaining beer into the glass. Because of the contaminated beer and the resulting nauseating sight, Mrs.
The minority shareholders of a business firm are also considered as the equity holders who do not possess the voting rights as well as market exit options. Moreover, the minority shareholders do not bear any controlling interest upon a company. The minority shareholders possess several rights which might be available under any ‘state close corporation laws’.
Moreover, the Shute gets on the ship in Los Angeles and whilst in the intercontinental waters off Mexican coast, Mrs. Shute sustained injuries when she slides on the floor mat (Charles 56)
Issue: Once the terms to board the ship with Carnival Cruise was not bargained freely
Supreme Court in the second Judicial Department of New York by asserting that the plaintiff, Palsgraf, failed to prove that her injury was foreseeable (Cardozo 1).
In the previous history of the case, the plaintiff, Palsgraf, lodged a complaint against Long Island Railway
When William E. Story turned twenty-one, the uncle sent a letter to him and notified him that he had earned his five hundred thousand dollars and he would hold it for him until he is grown enough to use it responsibly. The nephew accepted the terms but after twelve
Rosenzweig paid the down payment of the property that he now claims it was a mortgage. He also claimed to have incurred many household expenses with regard to the apartment. Givens claims that the amount given to her was a gift since they were in a relationship.
This sets the main difference between labor and employment laws. The former are mainly concerned with the unionized individuals and entities. In Canada, each province has the autonomous authority to enact laws that govern
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