COMMERCE 4SD3 Lecture 2: Machinery of Justice
11 Sep 2018
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Must prove w/ balance of probability: both decided in case of appeal, both have to be decided within the context of the adversary system. Exception under evidence act: business records permitted without the author testifying, provided the records kept in the ordinary course of business. Assumed to be accurate unless other side can provide inaccuracy. Machinery of justice: discovery implemented so each party can discover the case before them, under oath before trial, plaintiff and defendant questioned, no judge present, just a reporter w/ a transcript, avoids surprise, a. k. a. Trial procedure: plaintiff"s case, defendant"s case (if any, plaintiff"s reply (if any, each witness goes through 3 stages, examination in chief (friendly party, cross-examination, re-examination. Costs: judge decides, costs of the legal system include: lawyer fees, judge"s salary, court reporter, courtroom caretakers, etc, costs must be paid by either, taxpayers, users.
