The Problem of Increasing Litigation Costs Case Study

The Problem of Increasing Litigation Costs - Case Study Example The case of Weissensteiner was important in that it raised the issue of circumstantial evidence pointing to the accused’s guilt, however, the Court held that the failure of the accused to give evidence did not itself construe an implication of guilt. The Court stated clearly that in an accusatorial trial, the failure of an accused to give evidence â€Å"cannot fill any gaps in the prosecution case† (Weissensteiner @50) and it cannot be used as a factor in determining whether the prosecution has proved its case beyond a reasonable doubt. Therefore the failure of a witness to give evidence was not to be associated with inferences of guilt.             Section 20(2) of the Evidence Act states clearly that the judge or other parties may comment on the failure of the accused to provide an explanation for evidence that exists against him. Therefore, the position taken by the judges in the RPS case was a valid one. Firstly, in their judgment, the silence of the accused was not excused in the manner of Weissensteiner. The prosecution, in this case, failed to call a witness that it should have and Justices questioned: â€Å"whether in the circumstances, the jury should entertain a reasonable doubt about the guilt of the accused†(RPS@633). Secondly, in this case, the Court applied a similar reasoning as it did in the case of Azzopardi v The Queen, where it stated that the position the Court adopted in Weissensteiner would be justified only if â€Å"there is a basis for concluding that there additional facts which would explain or contradict the inference which the prosecution seeks to have the jury draw.†   Thirdly,   Justice McHugh also commented on the history of the right to silence and adopted the position that the right to silence allowed to the accused was no more than an â€Å"invention of lawyers† to protect their clients from incriminating themselves. (Azzopardi @101). The position taken in the majority opinion of Judges in the RPS case was that the Jury could reasonably draw an adverse inference if the accused failed to give evidence since his silence would amount to a tacit admission of guilt.   

The Digital Revolution Research Paper Example | Topics and Well Written Essays - 750 words

The Digital Revolution - Research Paper Example Company websites may employ domestic or global strategies in their e-commerce transactions (Bajaj, Debjani & Kamlesh, 2005). Websites with a domestic e-commerce strategy main seek to serve businesses and customers within the geographical boundaries of a country. In contrast, Bajaj, Debjani & Kamlesh observe that websites with a global focus aim towards promoting transactions between customers and businesses across global and international markets. Firms implementing global e-commerce need to address financial issues, legal issues and market access challenges such as cultural differences and language barriers. There are three main classifications for websites, namely transaction, promotion and content sites (Bajaj, Debjani & Kamlesh, 2005). Transaction sites are websites designed to enhance virtual or online transactions. This is mostly applicable for online business ventures that do not have the traditional brick and mortar model or any other physical presence. This site is more appr opriate for businesses dealing with specialized product categories. Promotional sites are those designed specifically for information and communication purposes with the aim of supplementing marketing activities and strengthening relationships. It is appropriate for companies seeking to develop the global presence and develop new channels of communication. Lastly, content websites are designed to provide customers and prospects with accurate and reliable content to aid in their buying process.