Academic literature on the topic 'Cross-examination principle'
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Journal articles on the topic "Cross-examination principle"
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Panchenko, V. "Organizational and legal aspects of examination of cross-border bankruptcy cases with multiple proceedings." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 150–54. http://dx.doi.org/10.24144/2307-3322.2022.72.25.
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The article conducts a scientific and practical study of organizational and legal aspects regarding the use of internationally recognized mechanisms in the field of cross-border bankruptcies when considering cases in court, the legal certainty of some categories in the field of cross-border bankruptcy with multiple proceedings through a legislative and doctrinal prism. International judicial practice has been studied and it has been determined that in order to resolve problematic issues regarding the coordination of bankruptcy procedures in the consideration of cross-border bankruptcy cases with multiple proceedings, cross-border protocols are used as a way to increase the effectiveness of cooperation in the field of insolvency. It has been proven that the practical application of the principle of reciprocity, the legal institution of court cooperation, the use of cross-border protocols in cross-border bankruptcy cases with multiple proceedings are quite uncertain in Ukraine, unlike internationally. It is asserted that the institution of cross-border bankruptcy with multiple proceedings in Ukraine needs the fastest possible organizational and legal response regarding regulatory support and legal certainty of the studied categories and conceptual apparatus in this area, their effective implementation in judicial practice. The legislation in the field of insolvency and bankruptcy procedures with the participation of a foreign element is analyzed for the proper legal certainty of the outlined conceptual apparatus in practice and the possibility of improving national legislation in the field of cross-border bankruptcies. It was noted that Ukraine needs to improve both the legislation on cross-border bankruptcies and the legal system as a whole, taking into account international aspects of legal development. It was concluded that judicial practice is the basis for proper cooperation in the way of implementing the principle of reciprocity, relying not only on the formality of application, but also on the effectiveness of filling meaningful action plans for the implementation of such cooperation, including using cross-border protocols.
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Ramlie, Habibah @. Artini, Saifulazry Mokhtar, Mohd Sohaimi Esa, and Jamsari Hashim. "SIGNIFICANCE OF CROSS-RELIGIOUS AND CROSS-CULTURAL ETHNIC RELATIONSHIP AMONG STUDENTS IN THE ACHIEVEMENT OF SUSTAINABLE DEVELOPMENT GOALS (SDGs)." International Journal of Education, Psychology and Counseling 7, no. 45 (March 15, 2022): 01–17. http://dx.doi.org/10.35631/ijepc.745001.
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Sustainable Development Goals (SDGs) or Matlamat Pembangunan Mampan was launched by the United Nations General Assembly in 2015 with the aim of achieving holistic sustainable development by 2030 for the harmony and prosperity of the global community. The SDGs’ principle of ‘Leave No One Behind’ with 17 main goals revolves around the importance of human rights pertaining to social development, economy and the environment. The purpose of this study was to discuss the general relationship between two SGDs – education goal (4th goal) and peace goal (16th goal) – and the aspect of cross-religious and cross-cultural ethnic relationship among students. This qualitative examination utilised the method of content analysis of several related writings and research. This study also sought to explore the interaction experiences of students in schools in the aspect of cross-religious and cross-cultural ethnic relationship utilised the method of quantitative. Data was analysed using the SPSS technique on 207 research respondents’ responses to questionnaires. This was to enable the researchers acquire in-depth understanding of the issues under examination. With this study, a preliminary observation on the significance of cross-religious and cross-cultural ethnic relationship among students could be produced to highlight the importance of integration between the aspects of education and cross-religious and cross-cultural ethnic relationship at the school level towards the attainment of Sustainable Development Goals.
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Spurlock, Danielle, and Philip Berke. "Intention and Action: Evaluating the Policy Antecedents of Development." Sustainability 14, no. 7 (March 25, 2022): 3889. http://dx.doi.org/10.3390/su14073889.
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Development management ordinances are central components of the development process, and yet there is not an established set of principles to guide their evaluation. We build upon the established plan quality literature to develop a protocol to assess ordinances based on their content and their administration. Using substantive and procedural principles enables the examination of how ordinances incorporate both scientific information and administrative practices to support policy implementation. Our cross-sectional study of 22 jurisdictions in two different states compared riparian buffer policies, single-purpose mandates, and sociodemographic variables. We found (1) overall low ordinance quality scores, (2) statistically significant differences between the watersheds at the sub-principle level, and (3) multiple, moderate correlations among ordinance quality scores, population density, and planning capacity. The findings suggest opportunities to increase the usage of best available science and promising administrative practices within ordinances aimed at protecting water quality.
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Lee, Chang-On. "The right to cross-examination in view of Constitution, Human rights and Comparative law." Korean Association of Criminal Procedure Law 14, no. 2 (June 30, 2022): 215–54. http://dx.doi.org/10.34222/kdps.2022.14.2.213.
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The Constitutional Court decided the targeted clause unconstitutional, which had allowed the admissibility of the video recording containing pretrial statement of the minor victims of sexual violence crimes without their direct testimony in the trial court. According to the Court, this is mainly because there is a risk of hindering the discovery of the truth, if the defendant's right to cross-examination is not guaranteed and even though harmonious methods that can prevent secondary damages of the victims already exist, depriving the defendant's opportunity to cross-examine not utilizing those methods violate the constitutional principle of prohibition of excessive restriction and violate the right to a fair trial guaranteed by Article 27 of the Act. However, the decision contradicts the Constitution and the criminal procedure law system, and the right to cross-examination itself cannot be regarded as an independent fundamental right of the Constitution. Guaranteeing the defendant's right to cross-examination of minor victims of sexual violence crimes without considering the fairness of the specific trial can not be justified in terms of human rights, as it can impair the truth of case and impose secondary harms on minor victims. These problems cannot be solved with the so-called harmonious methods, and the decision cannot be justified in terms of the point of view of comparative law. The admissibility of the video recording where the right to cross-examination is not guaranteed should be allowed to be ultimately decided by the court according to the judgment on whether or not the fairness of a specific trial has been violated, and that is a more appropriate and systematic way.
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O'Brien, Hannah, Fiona Kiely, Aileen Barry, and Sarah Meaney. "Cross-sectional examination of extrapyramidal side effects in a specialist palliative care inpatient unit." BMJ Supportive & Palliative Care 9, no. 3 (October 9, 2018): 271–73. http://dx.doi.org/10.1136/bmjspcare-2018-001504.
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ObjectivesExtrapyramidal side effects (EPSEs) are serious potentially reversible side effects of antipsychotic and other medications that can cause distress for patients. A core principle of palliative care involves optimising quality of life. If side effects of medications are burdensome, it is imperative that we address this issue. The aim of the study was to determine and describe the burden of EPSEs in a specialist inpatient unit.MethodsConsenting patients who met inclusion criteria were assessed for EPSE with two validated screening tests, the Modified Simpson-Angus Scale (MSAS) and Barnes Akathisia Rating Scale (BARS). Additional demographic data were collected including medications associated with EPSE, previous history of EPSE and known risk factors that may predispose a patient to EPSE.Results43% inpatients met inclusion criteria. At least 66% of patients were taking regular medications associated with EPSE. Of those, 25% were taking ≥2 medications associated with EPSE. The MSAS revealed 50% scored <3, 44% scored 3–5% and 6% scored 6–11. Seven patients had at least one ‘not rateable score’. In the BARS (sitting±standing), 94% scored 0/5 and 6% scored 1/5. 12.5% of participants were able to stand for 2 min to complete the BARS.Conclusions50% screened positive for EPSE. The complete BARS was unsuitable for most participants. The MSAS, while allowing a not rateable score, may underestimate EPSE. The frailty of an inpatient unit population impacts on applicability of screening tools and may therefore underestimate the burden of the problem in this population. Development of a population-specific screening tool warrants further investigation.
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Attardo, Salvatore. "Competition and cooperation." Pragmatics and Cognition 5, no. 1 (January 1, 1997): 21–50. http://dx.doi.org/10.1075/pc.5.1.05att.
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An argument is presented for augmenting Gricean pragmatics with cognitively significant information about whether the participants in the interaction share the same goals, the same amount of information, and the degree of their awareness of both. The additions handle situations of competitive conversational exchanges, where the cooperative principle has been claimed to be inoperative, and show that cooperation underlies competitive exchanges as well. Some examples of competitive exchanges are examined, including witness cross-examination, sales pitches, propaganda, and lies.
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Alexander, Stephen, and Katie Hooper. "Blessing applications: how does the court balance proper scrutiny with the principle of non-intervention?" Trusts & Trustees 28, no. 3 (February 28, 2022): 186–92. http://dx.doi.org/10.1093/tandt/ttac006.
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Abstract The supervisory court on a blessing application generally acts without cross-examination and full disclosure and, yet, must be satisfied as to the propriety of the trustee's decision before it bestows upon a trustee the armour of a blessing. How then is this to be achieved without that stringent testing of the trustee's evidence? Recent decisions of the Royal Court of Jersey indicate that the Court does not shy away from adopting an inquisitorial role itself, by interrogating the evidence and identifying any flaws in the trustee's decision. But is such an approach consistent with the principle of non-intervention on the part of the supervisory court? This article considers these thorny issues.
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Rahimi, Aisyah Mohd, Intan Nurdin, Shahrina Ismail, and Azira Khalil. "Malaysian Nurses’ Knowledge of Radiation Protection: A Cross-Sectional Study." Radiology Research and Practice 2021 (August 4, 2021): 1–8. http://dx.doi.org/10.1155/2021/5566654.
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Radiology is a vital diagnostic tool for multiple disorders that plays an essential role in the healthcare sector. Nurses are majorly involved in a healthcare setting by accompanying patients during the examination. Thus, nurses tend to be exposed during inward X-ray examination, requiring them to keep up with radiation use safety. However, nurses’ competence in radiation is still a concept that has not been well studied in Malaysia. The study aimed to define the level of usage understanding and radiation protection among Malaysian nurses. In this research, a cross-sectional survey was conducted among 395 nurses working in hospitals, clinics, and other healthcare sectors in Malaysia. The survey is based on the developed Healthcare Professional Knowledge of Radiation Protection (HPKRP) scale, distributed via the online Google Forms. SPSS version 25.0 (IBM Corporation) was used to analyze the data in this study. Malaysian nurses reported the highest knowledge level in radiation protection with a mean of 6.03 ± 2.59. The second highest is safe ionizing radiation guidelines with 5.83 ± 2.77, but low knowledge levels in radiation physics and radiation usage principle (4.69 ± 2.49). Therefore, healthcare facilities should strengthen the training standards for all nurses working with or exposed to radiation.
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Sawyer, Edward, and Jamie Holmes. "Confidential trust information and court proceedings: can privacy be maintained?" Trusts & Trustees 26, no. 4 (April 11, 2020): 319–35. http://dx.doi.org/10.1093/tandt/ttaa015.
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Abstract Trust litigation often involves highly confidential information, and it is common for all concerned to want any proceedings kept as confidential as possible. In this article, we explore four different ways in which such information might nonetheless be sought by, or become available to, a wider audience, namely through: (i) the publication of trusts judgments pursuant to the principle of open justice, (ii) applications to lift the confidentiality attaching to documents disclosed in Beddoe proceedings, (iii) the cross-examination of the trust’s own lawyers on a witness summons and (iv) the deployment of letters of request (formerly “rogatory”) against an overseas trustee.
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Chughtai, Ali. "Zainab’s Murder: Heinous Crimes, Speedy Trial and the Challenge of Procedural Rights." Review of Human Rights 4, no. 1 (May 9, 2018): 11–29. http://dx.doi.org/10.35994/rhr.v4i1.85.
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In early 2018, a seven-year old girl, Zainab Amin, was raped and murdered in district Kasur, Punjab province, Pakistan. The cold-blooded incident shocked the people across the country. These questions included the suspect’s confession before trial, the in-camera trial being completed within four consecutive working days, the cross-examination of 56 witnesses, and the paucity of time given to the defence counsel. In this paper I argue that although such heinous offences should be awarded legally warranted punishment, the courts must ensure that the special criminal procedure does not let go the principle of due process. I take Zainab’s case as an example to see whether the principle of due process and procedural rights of the suspect were ensured as required for a fair trial. The paper puts to critical light the chronological facts of the case (as reported in the press) and relies on applied jurisprudence to underscore the potential/danger of letting go the due process and procedural rights in speedy trials.
Dissertations / Theses on the topic "Cross-examination principle"
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Bernini, Enrico. "Principio del contraddittorio e arbitrato." Doctoral thesis, Luiss Guido Carli, 2009. http://hdl.handle.net/11385/200712.
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Chuang, Yu-Cheng. "Cross-currents in the work of Yu-Cheng Chuang : an examination of the Chinese principle of Jingjie and Western idea of the picturesque as parallel influences on site-specificity in land art." Thesis, Goldsmiths College (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408342.
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This combined studio practice/text thesis analyses links among the Chinese concept of jingjie, the archetypal patterns of sacred places, the picturesque movement in European aesthetics, and site-specificity in 1960s Land Art. In addition to examining site-specificity and the theoretical aspects of my studio practice, I explore the relationship between my ethnicity and my work in the context of contemporary Chinese and Taiwanese art environments. Guided by the principle that "practice and theory inform each other," I restate the significance of jingjie in contemporary art, especially its connection with the physical and psychological patterns found in archetypal "sacred places." Jingjie was fundamental to the spatial fluidity found in Chinese landscape arts, especially garden design. After demonstrating how Chinese gardens influenced English landscape garden principles and the 18th-century European picturesque movement, I argue that similar East-West connections served as direct and indirect influences on the site-specific work of middle and late 20th-century Land Art artists. I then describe how picturesque depictions of the relationship between man and nature influenced 19th-century landscape architecture in North America and 20th-century Land Art throughout the West. Finally, jingjie and Chinese gardens are used to explore archetypal sacred place patterns and their influences on the Western tradition of the picturesque. These parallel East-West connections served as the foundation for later interest in site-specificity, and were essential in establishing a historical context for understanding cross-cultural currents and their influences on Land Art artists. Using jingjie as my focus, I examine aspects of contemporary art that are not usually addressed by art critics, and reconsider the relevance of the Western picturesque tradition through a reciprocal model of cultural influences.
Books on the topic "Cross-examination principle"
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Aiyar, Pinayur Ramanatha. Aiyar & Aiyar's the principles and precedents of the art of cross-examination. New Delhi: LexisNexis Butterworths India, 2004.
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Hobér, Kaj. Cross-examination in international arbitration: Nine basic principles. Oxford, United Kingdom: Oxford University Press, 2014.
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Russell, John A. (John Archibald), 1816-1899 and Morgan Appleton 1845-1928, eds. The principles of the law of evidence: With elementary rules for conducting the examination and cross-examination of witnesses. Charleston: Nabu Press, 2010.
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Serghides, George A. On the art of cross-examination: Four great old authorities, two Englishmen and two Americans, with emphasis on their principles. Nicosia, Cyprus: G.A. Serghides, 2009.
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C, Cutamora Marcelino. Forensic document examination and the rules on evidence on expert testimony: Principles, practice, techniques in qualifying, cross-examining and impeaching the forensic document expert. Quezon City, Philippines: Central Book Supply, Inc., 2010.
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Cross examination: Principles & precedents. Gurgaon: Lexis Nexis Butterworths Wadhwa Nagpur, 2011.
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Davies, Leonard. Anatomy of Cross-Examination: 67 Principles Every Trial Lawyer Needs to Know to Win the Case. Sourcebooks, Incorporated, 2009.
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Serghides, George A. On the Art of Cross-Examination. Four Great Old Authorities Two Englishmen and Two Americans with Emphasis on Their Principles. with a Foreword by Dr. The Lawbook Exchange, Ltd., 2013.
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Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part IV Transnational Insolvency, 17 Harmonization and Co-Operation in Cross-Border Insolvency. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0018.
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This chapter is devoted to cross-border principles. It begins with an examination of two sets of opposing principles: unity of proceedings versus plurality and universality or territoriality in the administration of the debtor's assets in insolvency. This is followed by an examination of two major instruments: the widely adopted 1997 UNCITRAL Model Law on Cross-Border Insolvency and the EU Insolvency Regulation (recast), approved in 2015 and incorporating numerous significant changes to the former EC Regulation. The Model Law is concerned with recognition of foreign insolvency proceedings, carrying with it an automatic stay of local proceedings, and the status of foreign administrators and duties of co-operation with foreign courts and foreign administrators. The EU Insolvency Regulation (recast) is primarily a conflict of laws regulation governing jurisdiction and the law applicable to insolvency matters.
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Webb, Julian, Caroline Maughan, Mike Maughan, Marcus Keppel-Palmer, and Andrew Boon. 8. Advocacy and the solicitor. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787693.003.0008.
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Advocacy involves the presentation to a judge of two competing versions of the facts, of the law, or both. This chapter discusses the skills of solicitor advocacy. It focuses on identifying key principles of the ethics of advocacy; understanding the structure of a case presented for trial; developing a case presentation strategy incorporating the client’s goals; making an effective submission; and planning an examination-in-chief and cross-examination using appropriate questions.
Book chapters on the topic "Cross-examination principle"
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Brodsky, Stanley L. "Sexual predator testimony 1: Principles." In Coping with cross-examination and other pathways to effective testimony., 228–32. Washington: American Psychological Association, 2004. http://dx.doi.org/10.1037/10748-050.
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Roberts, Paul. "Witness Testimony and the Principle of Orality." In Roberts & Zuckerman's Criminal Evidence, 311—C7.N236. 3rd ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198824480.003.0007.
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Abstract This chapter introduces the major evidentiary topic of witness testimony through contextual consideration of the role of witnesses in the criminal trial. Oral witness testimony, delivered live and on oath and subjected to cross-examination in the presence of the jury, is the paradigmatic form of evidence in the common law procedural tradition. We may conceptualize a ‘principle of orality’. In modern criminal litigation, witness testimony is often supplemented or even eclipsed by documents or physical evidence (including forensic science), but remains integral to normative justifications of the orthodox trial model. Principled orality is related to open justice, trial by jury, effective fact-finding, and procedural due process. These traditional rationales have been exposed to two principal strands of critique. First, victims’ advocates have objected to the distressing and humiliating treatment of complainants and other witnesses in the courtroom. Secondly, an expanding corpus of behavioural science research has challenged the empirical basis for asserting (with Wigmore) that witnesses’ demeanour and their answers in cross-examination are reliable guides to truth-finding. Further appraisal of the principle of orality is deferred until detailed procedural rules for adducing, presenting, testing, and evaluating witness testimony have been explored and scrutinized. Doctrinal analysis commences in this chapter with the legal rules on competence; compellability; testimonial privileges; and public interest immunity (PII), including witness anonymity. This discussion implicates fundamental principles of access to information, open—or secret—trials, and ongoing procedural innovation (e.g. appointing special counsel to discharge designated functions).
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Nath, Rekha. "Rawls on Global Economic Justice." In John Rawls, 313–28. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190859213.003.0027.
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This chapter canvasses the debate between John Rawls and his cosmopolitan critics over the demands of economic justice that arise beyond state borders. In particular, it examines the merits of three defenses of the position Rawls advances in The Law of Peoples that justice does not call for a cross-society egalitarian distributive principle: first, that such a principle would fail to hold states responsible for their economic position; second, that satisfying such a principle would not be feasible; and, third, that appeal to Rawls’s constructivist methodology can explain why the egalitarian principles he takes to be suited for the state context are not suited for the international context. The chapter concludes that upon careful examination, none of these defenses succeeds in plausibly motivating Rawls’s rejection of global egalitarianism.
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Roberts, Paul. "Vulnerable Witnesses and the Principle of Orality." In Roberts & Zuckerman's Criminal Evidence, 479—C10.N278. 3rd ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198824480.003.0010.
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Abstract This chapter surveys extensive procedural innovation in the treatment of vulnerable or intimidated witnesses (VIWs) in criminal trials in England and Wales, prompting further reflection on the contemporary status and future prospects of the traditional ‘principle of orality’. Given the institutional dynamics of adversarial trial, any witness might be characterized as ‘vulnerable’. VIW-accommodating procedural reform originally focused on complainants of sexual offences and child witnesses, but progressively gathered momentum and expanded in scope and coverage, culminating in the ‘special measures directions’ (SMDs) framework introduced by the Youth Justice and Criminal Evidence Act 1999. The chapter describes the evolution and development of English law’s ‘rape shield’, now contained in YJCE Act 1999, s.41, regulating the admissibility of complainants’ previous sexual history evidence. Legislative drafting and case law applications, including extended discussion of the high-profile Evans case, are critically evaluated. Reforms of children’s evidence date back to the 1980s. Children were the primary beneficiaries of ‘special measures’ under the YJCE Act 1999, including prerecorded video interviews in lieu of examination-in-chief, testifying via Live Link CCTV, screens and the provision of intermediaries. Tailored menus of special measures have been incrementally extended to other categories of adult VIWs. Ongoing policy debates concern the roll-out of prerecorded cross-examination pursuant to YJCE Act 1999, s.28; and the ‘inequality of arms’ experienced by child defendants in accessing equivalent special measures. SMDs were introduced as exceptional adjustments for VIWs. As their range of application expands and is further deepened through technological innovation, however, the ‘exception’ becomes increasingly normalized. We must then confront an existential question: what remains of the traditional ‘principle of orality’ in this transformed model of the criminal trial?
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Glover, Richard. "8. Cross-examination and beyond." In Murphy on Evidence. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788737.003.0008.
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Cross-examination is the process of challenging the evidence of a witness called on behalf of another party, and was described by Wigmore as ‘the greatest legal engine ever invented for the discovery of truth’. Any witness who has taken the oath becomes liable to cross-examination by any other party. This chapter discusses the general principles of cross-examination (including the effect of an omission to cross-examine, and restrictions and limitations), cross-examination as to credit and an explanation of what constitutes collateral matters, and cross-examination on documents (and the potential effect of this on the admissibility of those documents). The re-examination of witnesses that may follow cross-examination is also considered along with the calling of evidence in rebuttal and a judge’s power to call witnesses.
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Roberts, Paul. "Criminal Trial Procedure—Examination-in-Chief and Cross-Examination." In Roberts & Zuckerman's Criminal Evidence, 354—C8.N216. 3rd ed. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198824480.003.0008.
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Abstract This chapter explores the general principles and detailed procedural rules governing the presentation of all evidence, including witness testimony, in criminal trials in England and Wales. An essentially adversarial model of proof, in which litigants marshall and adduce evidence to support their own cases, is mitigated by procedural mechanisms to reduce inequality of arms and promote truth-finding, including asymmetric pre-trial disclosure, prosecutorial ethics, and moderately proactive judicial trial management. Witness testimony is presented through a familiar sequence of examination-in-chief by the party calling the witness, cross-examination by opposing counsel, and—if required—re-examination, restricted to matters arising in cross-examination. Detailed procedural doctrines regulating examination-in-chief include: a ban on leading questions; rules on ‘refreshing memory’; hostile witnesses; the rule against narrative; and exceptions to the inadmissibility of narrative, including rebutting recent fabrication and the complainant rule. Detailed procedural doctrines regulating cross-examination include: the rule in Browne v Dunn; restrictions on cross-examination to credit (new reinforced by CJA 2003, s.100); the collateral-finality rule; and exceptions to collateral-finality. Many of these traditional common law and statutory (chiefly, Criminal Procedure Act 1865) doctrines have been significantly reformed by ss.119 and 120 of the Criminal Justice Act 2003. These reforms call into question the extent to which the common law’s structural architecture, differentiating evidence or questions going to credit from evidence or questions going (directly) to the issue, remains salient in the modern law.
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Hörnle, Julia. "Digital Investigations in the Cloud—Criminal Enforcement Cooperation." In Internet Jurisdiction Law and Practice, 145–232. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198806929.003.0006.
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Chapter 6 examines jurisdiction in criminal investigations where the digital evidence is stored in another country, as is likely where data is stored in the cloud. The territoriality principle and sovereignty mean that states are not allowed to carry out acts of investigations outside their territory. Internet technologies and remote cloud storage in the twenty-first century mean that much forensic evidence is likely to be physically stored in another country. If law enforcement authorities seize a computer on their territory it is increasingly likely that some of the data is stored in the cloud. Therefore, traditional investigatory powers limited to territory (such as a warrant to seize physical items) are not sufficient. This raises difficult questions of whether powers in respect of extended computer searches or disclosure orders can be implemented extraterritorially without breaching international law. This chapter provides a detailed examination of the traditional mechanisms of international cooperation through mutual legal assistance, the difficulties inherent in the traditional approach and the mechanisms to overcome these difficulties, including unilateral acts by states and new forms of international cooperation, such as the US system of bilateral agreements envisaged in the Cloud Act and, for the EU, the EU E-Evidence Proposal. The chapter critically analyses the data protection and human rights issues implicated by cross-border digital investigations and the role of private service providers who may disclose data in response to foreign law enforcement requests.
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"Principles and Strategies of Data Analysis: Cross Examination of Data." In Statistics and Truth, 63–94. WORLD SCIENTIFIC, 1997. http://dx.doi.org/10.1142/9789812384959_0003.
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Webb, Julian, Caroline Maughan, Mike Maughan, Marcus Keppel-Palmer, and Andrew Boon. "8. Advocacy and the solicitor." In Lawyers' Skills, 138–72. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838647.003.0008.
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Advocacy involves the presentation to a judge of two competing versions of the facts, of the law, or both. This chapter discusses the skills of solicitor advocacy. It focuses on identifying key principles of the ethics of advocacy; understanding the structure of a case presented for trial; developing a case presentation strategy incorporating the client’s goals; making an effective submission; and planning an examination-in-chief and cross-examination using appropriate questions.
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Choo, Andrew L.-T. "3. The Course of Evidence." In Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806844.003.0003.
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Chapter 3 examines the principles relating to the presentation of evidence in court. It first discusses the adversarial tradition upon which the English trial process is based. It then distinguishes between the principles governing the questioning of one’s own witness (which occurs in examination-in-chief and re-examination) and those governing the questioning of another party’s witness (which occurs in cross-examination). It shows that, in criminal proceedings, provisions in the Criminal Justice Act 2003 now deal with two particular matters that may arise in the course of questioning one’s own witness—the extent to which refreshing memory is permitted, and the extent to which a previous consistent statement is admissible in evidence. The chapter also considers other issues, including the judicial approach to ‘no case to answer’ submissions in criminal trials, and the extent to which the claimant or prosecution may adduce further evidence after closing its case.
Conference papers on the topic "Cross-examination principle"
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Tang, Jianbang, Yukun Wu, Weiqiang Wang, Guanbing Ma, Chenming Zeng, and Junlong Xu. "Study on Ultrasonic Inspection Technology of Fastening Bolts of Reactor Internals." In 2022 29th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2022. http://dx.doi.org/10.1115/icone29-92644.
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Abstract Reactor internals are the core components of the reactor pressure vessels in Nuclear Power Plant (NPP), which directly compress, support and position the nuclear fuel assemblies. They are exposed to high temperature, high pressure and high radiation during a long-term service. The fastening bolt may break and fall off due to irradiation stress corrosion crack (IASCC), which directly affects the safe operation of the reactor. Along with the in service time increase, it has gradually become the focus of the in-service supervision of NPP, and it is urgent to perform Nondestructive Examination (NDE) for its structural integrity. In this study, according to the structural characteristics and inspection difficulties of typical bolts, a special ultrasonic combined probe and ultrasonic process are designed, by using simulation technology. The design principles are summarized. In addition, the automatic inspection system of underwater submarine is introduced. The results of the process verification show that currently technology can effectively detect with a minimum flaw sizes of 17.5% cross-sectional area (CSA), which meets the in-service inspection (ISI) requirements of NPP.
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Brierley, Mike. "Prospects for Fiber Amplifiers at 1.3μm." In Optical Amplifiers and Their Applications. Washington, D.C.: Optica Publishing Group, 1991. http://dx.doi.org/10.1364/oaa.1991.wb2.
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The erbium doped silica fiber amplifier for the 1.55μm telecommunications has now become a well established research laboratory tool. It offers high gain, high efficiency, low noise, low cross-talk, and high saturation power. It has been used in both land and under-sea systems demonstrations, and is commercially available from a number of manufacturers. In distribution experiments splits of up to 39 million ways have been demonstrated for only two stages of amplification [1]. In short it has revolutionised thinking on future optical fibre networks. Unfortunately the vast majority of current operational systems are deployed in the 1.3μm window, and some fiber designs may prohibit upgrading to 1.55μm. A similar amplifier for 1.3μm has been much more elusive. Examination of the observed energy levels of the trivalent rare-earth ions reveals three principal candidates; neodymium with a known laser transition around 1.32μm, praseodymium with known laser transitions but not until very recently at 1.3μm, and promethium with known laser transitions at 0.933μm and 1.098μm, but not around 1.3μm. Promethium is radioactive and has not been studied in fibers, leaving two practical possibilities for fiber amplifiers for 1.3μm.
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Gossard, Arthur C. "Synthesis of quantum-wire structures for photonic technology." In Integrated Photonics Research. Washington, D.C.: Optica Publishing Group, 1990. http://dx.doi.org/10.1364/ipr.1990.mb3.
Full textAbstract:
Quantum-wire photonic structures in which active electrons occupy only the lowest quantum state of the wire require that wire widths be smaller than those obtainable by currently available lithographic techniques. An alternative approach to obtain the requisitely small dimensions for quantum-wire widths is to use the periodicity provided by atomic steps on a slightly off-axis crystal surface (i.e., the steps on a crystal surface misoriented by a small angle with respect to a principal crystal axis) as a basis for small lateral structures. Microstructures with such lateral compositional features have recently been produced by alternate fractional monolayer epitaxy on atomically stepped surfaces. The structures, which consist of superlattices, tilted or normal with respect to the crystal surface, are produced by depositing alternately half-monolayer coverages of GaAs and AlAs by either molecular-beam epitaxy or metal organic chemical vapor deposition. When enclosed between barrier layers grown before and after the tilted superlattice, the superlattice becomes an array of quantum wires. The tilt angle of the superlattice and the uniformity of the superlattice period are determined by flux exposures and surface smoothness and are sensitively dependent on growth conditions. In situ electron diffraction, postgrowth examination of cross sections by transmission electron microscopy, and observation of superlattice surfaces by atomic force microscopy after oxidation and etching will be presented. These studies permit us to assess the grown structures and to correlate their properties with observed optical properties.
Reports on the topic "Cross-examination principle"
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Bizer, Kilian, and Martin Führ. Responsive Regulierung für den homo oeconomicus institutionalis – Ökonomische Verhaltenstheorie in der Verhältnismäßigkeitsprüfung. Sonderforschungsgruppe Institutionenanalyse, 2001. http://dx.doi.org/10.46850/sofia.393379529x.
Full textAbstract:
The starting point of the research project was the hypothesis that the "principle of proportionality", which is fundamental to law, is related to the "economic principle". The resulting methodological similarities were intended to enable a cross-disciplinary bridge to be built, which would allow the findings of economic analysis to be made fruitful for legal issues. This was practically tested in three study areas in order to be able to better classify the performance of the analytical tools. The foundations for interdisciplinary bridge building are found in the rational-choice paradigm. In both disciplines, this paradigm calls for an examination of the relationship between the purpose-means-relations: among the design options under consideration, the one must be selected that is expected to be as (freedom- or resource-) sparing as possible, in other words, the most "waste-free" solution to the control problem.The results of the economic analysis can thus be "translated" in such a way that, within the framework of "necessity", they support the search for control instruments that are equivalent to the objective but less disruptive. supports. The core of the positive economic analysis is the motivational situation of those actors whose behavior is to be influenced by a changed legal framework. In this context, the classical behavioral model of economics proved to be too limited. It therefore had to be developed further in line with the findings of research in institutional economics into homo oeconomicus institutionalis. This behavioral model takes into account not only the consequentialist, strictly situational utility orientation of the model person, but also other factors influencing behavior, including above all those that are institutionally mediated. If one takes the motivational situation of the actors as the starting point for policy-advising design recommendations, it becomes apparent that an understanding of governance dominated by imperative behavioral specifications leads to less favorable results, both in terms of the degree to which goals are achieved and in terms of the freedom-impairing effects, than a mixed-instrument approach oriented toward the model of "responsive regulation." According to this model, the law can no longer simply assume that those subject to the law will "obediently" execute the legal commands. It must ask itself what other factors determine behavior and under what boundary conditions changes can be expected in the direction of the desired behavior. For this reason, too, it must engage with the cognitive program of the behavioral sciences. This linkage opens up new perspectives for interdisciplinary research on the consequences of laws.
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Carpita, Nicholas C., Ruth Ben-Arie, and Amnon Lers. Pectin Cross-Linking Dynamics and Wall Softening during Fruit Ripening. United States Department of Agriculture, July 2002. http://dx.doi.org/10.32747/2002.7585197.bard.
Full textAbstract:
Our study was designed to elucidate the chemical determinants of pectin cross-linking in developing fruits of apple and peach and to evaluate the role of breakage cross-linkages in swelling, softening, and cell separation during the ripening. Peaches cell walls soften and swell considerably during the ripening, whereas apples fruit cells maintain wall firmness but cells separate during late stages of ripening. We used a "double-reduction" technique to show that levels of non-methyl esters of polyuronic acid molecules were constant during the development and ripening and decreased only in overripe fruit. In peach, methyl and non-methyl esters increased during the development and decreased markedly during the ripening. Non-methyl ester linkages in both fruit decreased accompanied fruit softening. The identity of the second component of the linkage and its definitive role in the fruit softening remain elusive. In preliminary examination of isolated apples cell walls, we found that phenolic compounds accumulate early in wall development but decrease markedly during ripening. Quantitative texture analysis was used to correlate with changes to wall chemistry from the fresh-picked ripe stage to the stage during storage when the cell separation occurs. Cell wall composition is similar in all cultivars, with arabinose as the principal neutral sugar. Extensive de-branching of these highly branched arabinans pre-stages softening and cell-cell separation during over-ripening of apple. The longer 5-arabinans remain attached to the major pectic polymer rhamnogalacturonan I (RG I) backbone. The degree of RG I branching, as judged from the ratios of 2-Rha:2,4-Rha, also decreases, specially after an extensive arabinan de-branching. Loss of the 4-Rham linkages correlated strongly with the softening of the fruit. Loss of the monomer or polymer linked to the RG I produce directly or indirectly the softening of the fruit. This result will help to understand the fruit softening and to have better control of the textural changes in fruit during the ripening and especially during the storage. 'Wooliness', an undesirable mealy texture that is induced during chilling of some peach cultivars, greatly reduces the fruit storage possibilities. In order to examine the hypothesis that the basis for this disorder is related to abnormality in the cell wall softening process we have carried out a comparative analysis using the resistant cultivar, Sunsnow, and a sensitive one, Hermosa. We investigated the activity of several pectin- and glycan-modifying enzymes and the expression of their genes during ripening, chilling, and subsequent shelf-life. The changes in carbohydrate status and in methyl vs. non-methyl uronate ester levels in the walls of these cultivars were examined as well to provide a basis for comparison of the relevant gene expression that may impact appearance of the wooly character. The activities of the specific polygalacturonase (PGase) and a CMC-cellulase activities are significantly elevated in walls of peaches that have become wooly. Cellulase activities correlated well with increased level of the transcript, but differential expression of PGase did not correspond with the observed pattern of mRNA accumulation. When expression of ethylene biosynthesis related genes was followed no significant differences in ACC synthase gene expression was observed in the wooly fruit while the normal activation of the ACC oxidase was partially repressed in the Hermosa wooly fruits. Normal ripening-related loss of the uronic acid-rich polymers was stalled in the wooly Hermosa inconsistent with the observed elevation in a specific PGase activity but consistent with PG gene expression. In general, analysis of the level of total esterification, degree of methyl esterification and level of non-methyl esters did not reveal any major alterations between the different fruit varieties or between normal and abnormal ripening. Some decrease in the level of uronic acids methyl esterification was observed for both Hermosa and Sunsnow undergoing ripening following storage at low temperature but not in fruits ripening after harvest. Our results support a role for imbalanced cell wall degradation as a basis for the chilling disorder. While these results do not support a role for the imbalance between PG and pectin methyl esterase (PME) activities as the basis for the disorder they suggest a possible role for imbalance between cellulose and other cell wall polymer degradation during the softening process.