Law of Evidence Essay Example | Topics and Well Written Essays - 2500 words - 3

Law of Evidence - Essay Example This is often done to preserve some fundamental elements of the constitutional conventions and legal traditions that have been preserved for generations in English law. This paper will examine the circumstances under which the burden of proof is reversed from the accuser to the accused. It will also identify how the court rationalise their decisions in these circumstances and situations. A tradition upheld in English legal tradition is that an individual is innocent until proven guilty in criminal proceedings. This is the concept of the presumption of innocence which means that the burden of proof will be on the prosecution rather than the accused. This was made in the landmark ruling of Woolmington V DPP2 where the precedence was set for prosecutors to prove that a person had broken the law before any proceeding could commence in criminal law. The case of Woolmington V DPP indicated that the prosecution has two burdens of proof, evidential burden of proof and legal burden of proof3. The evidential burden of proof is the sensible proposition to assert there is a matter fit for the accused person to be prosecuted. However, that does not prevent the prosecution from presenting evidence during the actual trial. The evidential burden of proof is to ensure that a person arrested on a given charge is actually in breach of a valid law of the land. Evidential burden is meant to ensure that there is a compelling reason for the prosecution to go ahead. It is about the ability to link the accused to what s/he is actually being accused for. During the hearings, the prosecution must present evidence to support the claims on the basis of the points of law, presented by the judge. In other words, when examining the English legal system, it is apparent that cases are presented to judges who present the facts to the jury who in turn scrutinize the facts and come up with a verdict. Thus, evidential proof and

The study in economic factors affecting on the value of Stock Exchange Literature review

The study in economic factors affecting on the value of Stock Exchange of Thailand Index (SET index) - Literature review Example Ross states that the theory predicts the returns on assets and the other risk factors. The theory allows determining the relationship between return of a portfolio and return of an asset. The theory has been applied to determine macroeconomic factors to determine stock through examining seven macroeconomic variables that are risk premium, industrial production, inflation, market return, consumption, and oil prices. The results depict a positive relation between macroeconomic variables and stock return. The fundamental concept in arbitrage pricing theory is the ‘law of one price’ that is, that the two assets cannot be sold  at different prices. The theory determines simpler version than the Capital Asset pricing model in which one operating system affects the returns. Arbitrage pricing theory determines investor’s preference towards risks. Azzez & Yonezawa (2006) study investigates the empirical evidence for the pricing of macroeconomic factors in the Japanese St ock market using APT model. The model determines pre- and post- bubble period of the stock market and determine the relationship between the macroeconomic factors and stock returns (Azeez & Yonezawa, 2006). The study of Zhu (2012) illustrates the impacts of macroeconomic factor (returns of the energy sector in Shanghai. The main objective of the study id to determine the influence of macroeconomic factors on the stock market, it focuses on the exchange rate, industrial production, bonds, exports, imports foreign reserve and the unemployment rate (Zhu, 2012). Quantitative methodology was adopted to conduct a study, and the data was gathered from secondary sources such as, National Bureau of Statistic of China, People’s Bank of China for a consecutive period of 2005-2011. Arbitrage Pricing Theory has been applied to determine the returns of assets and risks. The finding of the study reveals that the exchange rate, export, foreign reserves and the unemployment rate