Friday, February 14, 2020

See below Essay Example | Topics and Well Written Essays - 4500 words

See below - Essay Example The active participation of the legislature started from the (DPP v Myers, 1965 AC 1001) case, where the House of Lords, stated, that the no uniform principles were being followed, in the current scenario and the future determination of exceptions to hearsay should be left to the legislature. At the very onset, we should state that the Dictionary defines, ‘hearsay’ as ‘second-hand information’. Speaking in legal terms, Hearsay refers to the testimony given by a witness not about what they personally saw or heard but about something, someone else saw or said they heard. In legal cases, the use of hearsay has been resorted to include evidence that under other circumstances would not have been admissible in court. However at all times it must be borne in mind that Hearsay must not include, any form of gossip or rumours. To state it in a more simple form, hearsay is according to Sir Auld, â€Å" an assertion other than one made by a person while giving oral evidence in the proceedings as evidence as any fact asserted.† However, Hearsay is an exclusionary rule of Evidence Law albeit subject to a multitude of statutory and Common Law exceptions. Tracing the origin of the concept of ‘hearsay’ leads us to the trial of Sir Walter Raleigh, 1603 where wrongful judgement passed, based on hearsay evidence. It was this wrongful judgement that led the English Jurists to devise hard and fast rules with reference to hearsay evidence. Subsequently, all hearsay evidence was banned on the pretext that they were the admissions of a third party to whom neither the defendant nor the prosecution were privy to. It is obvious that the hearsay rule is intricately interwoven with the concepts of â€Å"truth† and â€Å"proof† and with the credibility, reliability and the memory of the witness in question. Hearsay contains within its womb a very high degree of implication and this implication weighs very heavily on the minds of the jury before they deliver a verdict.

Saturday, February 1, 2020

PAPER 2- for the legal environment of business and online commerce Essay

PAPER 2- for the legal environment of business and online commerce - Essay Example Thailand’s economic system is based primarily on exporting, which accounts for greater than two-thirds of the Gross Domestic Product (GDP). The exchange rate for exporting is Baht 33.00/USD. The GDP has an average worth of 8.5 trillion Baht, equivalent to $627 billion dollars. Thailand is classified as the second largest economic country in Southeast Asia. However, it ranks halfway in the spread of wealth in Southeast Asia, the fourth richest nation. Its economy supports neighboring, developing economies, such as Laos, Burma, and Cambodia. Thailand had a financial crisis in 1997-1998, forcing the country to depend on exports. Its economic system is influenced by the automotive and manufacturing of electronic good for exports. Thailand focuses on agriculture but has decreased due to exporting goods and services. Corporate Ownership in Thailand is established by registering as a Thai limited company. After registration, the registered applicant can acquire land. The structure of this ownership consists of a minimum of seven permanent, distinct shareholders. The director of the corporate ownership must be a foreigner. However, initially, the director is Thai because the Thai individual has to apply for a Tax ID and VAT registration for the company. In the Thai Law or Land Code, Thai nationals have at least 51% of the shares. A maximum of 49% of shares can be owned by foreign shareholders. This rule is also in the Land Code Prohibition of foreign land ownership. Since Thai Law does not restrict one share equaling one vote, the company is allowed to issue classified shares, which are the A-Shares or Ordinary Shares and the B-Shares or preferred Shares. The A-Shares or Ordinary Shares states that the holder of one share is entitled to one vote. However, the B-Shares or Preferred Shares state tha t only a shareholder of multiple shares obtains a vote. Foreign shareholders are assigned A-Shares, and B-Shares are assigned to Thai