Hearsay Question pt.2

The principle on which evidence of res gestae, including hearsay evidence, is admitted is that the words and events may be so closely inter-related that the truth can only be discovered when the words accompanying the events are disclosed. But it is not essential that the words should be absolutely contemporaneous with the events. What is essential is that there should be close association, and that the words sought to be proved by hearsay should be at least de recenti and not after an interval which would allow time for reflection and for concocting a story.  http://www.cps.gov.uk/legal/h_to_k/hearsay/

However, the soundness of this approach seems to be doubted in the recent case of Cinci v HM Advocate. There the complainer, on being discovered naked in a shower cubicle with the accused, stated that he had raped her. The trial judge was of the view that this statement was admissible as part of the res gestae, following the approach taken in O’Hara, but this was reversed on appeal. Lord Justice Clerk Gill stated that he was:

“…of the opinion that the words “He raped me” were not part of the res gestae. The res gestae principle is founded, at any rate on the older Scottish authorities, on the idea that the words spoken are part of the event itself.”

De recenti is well explained in Morton v HM Advocate

A statement made by an injured party de recenti, unless it can be brought within res gestae, is ordinarily inadmissible as hearsay only, but an exception is allowed in the case of sexual assaults on women and children. A statement of the injured party de recenti is nothing but the statement of the injured party, and it is not evidence of the fact complained of. It follows that for a de recenti statement to be admissible, its maker must testify. This was also illustrated with photo booth hire Glasgow

In Shaban Ahmed v HMA 2009,an alleged victim in rape case made de recenti remark to friend but denied doing so later at trial. On appeal, held remark admissible; no rule that the victim had to confirm making it in order for it to be admissible. The crucial thing was whether remark made, not whether alleged author of it agreed it was made.

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Hearsay Question pt.1

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Hearsay evidence was long rejected by the common law. Hearsay evidence is not the best evidence. The essence of the trial is orality, the witness present, on oath or affirmation, subject to cross-examination, displaying his demeanour. Hearsay evidence could be inaccurate, distorted, or fabricated, remain uncorrected, and mislead the jury or magistrates. The trial could be lengthened by irrelevant or unreliable evidence.

“Primary hearsay” is evidence of the fact that the statement by the other person was made, irrespective of its truth or falsehood.Evidence that a statement was made may be allowed, if relevant, for that limited purpose. The general rule of Common Law is that Hearsay evidence, inadmissible to prove factual content or veracity, but is admissible to prove that remark was made, Witnesses are confined to giving evidence of firsthand, personal perceptions, experience & knowledge.

The most comprehensive is Hearsay rule is;

“An assertion other than one made by a person while giving oral evidence in the proceedings is inadmissible as evidence of any fact or opinion asserted”in R. v. Sharp

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Tesco Job interview tips

Questions for Tesco Bank Interview – Store

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Why do you want to work for Tesco?

Tesco are  the UK’s number one retailer and you pride ourselves on offering a great shopping experience. Tesco is passionate about our food, merchandise and services and will always try to get things right for our customers.

I have a genuine passion for delivering exceptional customer service – I love going the extra mile for the customer and being able to help someone, and Tesco operate on similar values –

  • No one tries harder for customer – this involves Understanding people – customers, colleagues, communities – and what matters to them, and then trying to make those things better, is at the heart of Tesco. It’s about listening to people and talking to them using all the tools at our disposal – from Clubcard data to social media – and then acting by changing and innovating to meet their needs.
  • We treat people how they want to be treated – This involves team work, trust, loyalty, and respect for oneanother. Looking after our colleagues in a culture of trust and respect is essential to the success of Tesco.

And I believe that because the values are very similar, if not identical to myself.  I will be able to thrive in such a company and flourish.

Being a good team player, passion towards my job, proven ability to multitask, determination, innovation, dedication, enthuasism,  flexibility, positive attitude,

Have you suggested a change which was implemented?

Suggested a change in my uncles post office, where they were deciding on marketing ideas for Christmas cards.  My boss suggested an offer of a 2 for £1 cards, however when this was put in place it was not really effective, through creating rapport with the customers I was able to gain feedback on this offer to try and make it better.  SO I suggested a different offer of 5 for £2, and at first he was a bit hesitant on going through with the offer.  So I went through the benefits again, and explained I had based my suggestion on customer feedback.  I suggested a trial run first of all, for 2 weeks, and if it went well he could consider extending it, if not we would work together to think of a better one.  The offer worked well, and the feedback I attained from the customers was good too.

Have you worked in a group where you had to motivate the group and how did you do it?

Working on employment law debate. Team members began to feel that the project was not moving, I held a meeting, and told everyone to speak openly about their issues.  And then we worked to create effective solutions to the issues. I then reitereated the benefits of completing the project, and tried to create a better working atmosphere within the group by building personal relationships.  This helped to create a better work ethic, and the group were motivated afterwards.

Have you ever broken a rule in order to something good?

At under no circumstances whatsoever is it necessary to break company policy to achieve something even if it’s for the benefit of the company. You should be  ethical and remain true to company policies. A company could be fined a lot of money and lose reputation if found guilty of unethical, unlawful behaviours or corruption.

 

Example of teamwork/resilence?

Working on last years debate project on employement law, the essence of team work was crucial. myself and my team had set up a timeline of how we wanted to progress and organise the work load.  A team member of mine had fallen ill and began falling behind on her work for the group project.  This had delayed us in getting the script created and practise time to go over it, so as this  was a group matter, I spent time working on her part while he was ill, and when he came back, I spent about 5 6 hours helping him catch up on the script so that our progress would not be more hindered.  By me doing this, we were able to still meet the deadline for the submission and had a fantastic result.

When have you delivered/received great service? What did you do/receive?

When I was working in Vodafone, a elderly man had come in and was having trouble with a new phone had given him for his birthday. It was the iphone 5s. He had trouble getting to grips with it and wanted help to set up email, etc, numbers, explained every setting. He was worried at the que building up but I made him feel at ease.

Give an example of where you have seen an opportunity to improve something and have acted upon it. What did you do? What happened as a result?

When I was working at Vodafone I realised that all of the accessories were cluttered and in no particular order. I approached my manager and informed him that it was difficult for customers to find headphones, memory cards, cases etc and more and more customers were asking staff members if they had specific accessories in store which were not obviously visible on the display. As a result, I asked my manager for permission to put the products in alphabetical order on the shelf and according to size so as to increase sales and make it easier for customers to find what they were looking for. The manager agreed and the situation was improved dramatically.

Tell me about a time when you failed to complete a task or project on time, despite intending to do so.

During my second year at university I failed to deliver my essay by the due date. This was because I was heavily involved in cutting-edge research right up until the end of my course and was waiting for imminent results from surveys being undertaken by researchers at other academic institutions.

Considering this was my final piece of academic work, I wanted to ensure it was based on the most accurate and up-to-date sources of information available, even if this meant a delay in production. To ensure no marks were deducted from my essay, I contacted my course director and personal tutor two weeks before my dissertation due date to discuss my particular situation. I argued my case, and was consequently allowed an extra two weeks to produce my work.

 

Although my work was delayed, I feel that this delay was justified in that the work was of the highest quality it could be. Furthermore, I sufficiently organised myself in relation to my department and tutors, so that all relevant people were aware of a possible delay in the production of my dissertation.

Revision

Provision of services are possibly the most dynamic four freedoms from the Treaty of Rome due to the conception of what constitutes to being a service. The breadth of what the treaty article allows to be considered a service is why this area has been a victim of many debates in terms of case law development and legislative output. The courts have stated that the rights protected by Article 56 TFEU are actually wider than protection from discrimination on grounds of nationality residence. Article 56 is not solely concerned with economic activities, it actually expands into many fields such as music, sport and education, the list goes on.

Article 56 provides that: Restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of member states who are established in a MS other than that of the persons for whom the services are intended. The Europe parliament and council may extend the provisions to nationals of a third country who provided services and who are established within the Union.

Non Discrimination and Direct Effect – The rights created in Article 56 were originally understood in terms of the right of non-discrimination. Walrave and Koch –v- Association Union Cycliste Internationale [1974]. Two Dutch cyclists challenged the association’s rules that the ‘race pacemaker must have same nationality as the competitor’. AUCI argued: Art.56TFEU can only be invoked against M/S and public bodies, not sports associations. CJ: if so, this would obstruct FM – must be able to use Art.56 to challenge rules regulating employment and provision of services. Thus, Art.56 has horizontal direct effect

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Find time to study too!

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(1) CJ considered ‘objective justification’ as a possible derogation – taking into account the particular services to be provided. Purpose is application of professional rules justified by general good e.g. organisation, qualifications, ethics, supervision, liability. They are binding on those established in the state where service is provided. Person providing services would escape the rules by being established elsewhere. State would need to show: legitimate public interest; equally applicable rule; objective justification.

(2) Not mentioned specifically in Art.56TFEU Luisi and Carbone –v- Ministero del Tesoro [1984] ECR 377. Two Italians were prosecuted for exceeding limits on currency movements from Italy.  Withdrew large sums (US$, French & Swiss Francs, DMs) and crossed into Germany and France ‘for purposes of tourism’ and also for medical treatment. CJ held that: an ‘important corollary’ of right to provide services is right to receive them – otherwise, Art.56 is ineffective. Art.56 includes freedom to go to another M/S to receive a service there without obstruction – tourists, persons receiving medical treatment, and persons travelling for purpose of education or business.

In Cowan –v- Trésor Public [1989] English tourist was assaulted and robbed on Paris métro – applied to French state for criminal injuries compensation – claim refused as it could only be made by French national. CJ: rule obstructed his right to move freely in France and receive services (tourism) – breached his Art.56 rights.

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