Evidence L Aw Assignment Paper

990 words - 4 pages

A prima facie case has been described by the Canadian court as “one which covers the allegations made, and which if believed, is complete and sufficient for a decision in favour of the complainant in the absence of an answer from the respondent.”[36] Thus, as in the United Kingdom, the defendant’s explanation is ignored at this initial stage.

The case of McDonnell Douglas,[37] which has been cited in both U.S. and Canadian jurisprudence,[38] sets out an example of facts that would be sufficient to establish a prima facie case. It is sufficient for the plaintiff to prove:

(i) that he belongs to a racial minority;
(ii) that he applied and was qualified for a job for which the employer was seeking applicants;
(iii) that, despite his qualifications, he was rejected; and
(iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant’s qualifications.[39]
The plaintiff is not required, at this stage, to prove that the respondent’s actions were motivated by race, but only to “carry the initial burden of offering evidence adequate to create an inference that an employment decision was based on a discriminatory criterion...”.[40]Thus, in the example above, the plaintiff need not bring direct proof of discrimination, but must “demonstrate at least that his rejection did not result from the two most common legitimate reasons on which an employer might rely to reject a job applicant: an absolute or relative lack of qualifications or the absence of a vacancy in the job sought. Elimination of these reasons for the refusal to hire is sufficient, absent other explanations, to create an inference that the decision was a discriminatory one.”[41]

Stage 2: The Legitimate Explanation

In both the United States and Canada, once the plaintiff has established the prima facie case of discrimination, the onus falls on the defendant to provide a reasonable explanation for why the allegedly discriminatory conduct occurred. The burden, which shifts to the defendant at this stage is, however, only an evidentiary burden.[42] The ultimate burden of persuasion remains at all times with the plaintiff. Thus, the defendant need only ‘articulate a legitimate explanation’ for the act, rather than prove, on the balance of probabilities, that there was no discriminatory motive.[43] This contrasts to the approach in both the Race Relations Act 1976 (UK) and the E.U. Directive, where the risk of non-persuasion shifts to the defendant once the plaintiff’s prima facie case is made out.

Stage 3: Proving that Race is the Real Motivation

This third stage is often described as placing an onus on the plaintiff to rebut the legitimate explanation offered by the defendant. Strictly speaking, however, proving that the defendant’s explanation is false is neither necessary nor sufficient to establish a claim of racial discrimination.

Under both American and Canadian law, an act is...

Find Another Essay On Evidence LAw assignment paper

Case study

2496 words - 10 pages SECTION A: TO BE COMPLETED BY STUDENT This assignment cover sheet needs to be included with each assignment. Please complete all details clearly. If you are submitting your assignment on paper, please staple this sheet to the front of each assignment. If you are submitting your assignment online, please ensure this cover sheet is included in front your assignment. Please check your study guide for assignment submission deadline and

Epicurus Reflection Essay

784 words - 4 pages teached would go away and then nobody would live in peace. This shows significance because without a philosopher the world will feel defeated and nobosy would have advancements and the best form of government to live in. The most challenging part of this assignment was finding evidence about Epicurus’s beliefs. The least challenging part of this assignment was typing the research paper. If I had an opportunity to do this again, I would want a

Comparing similarities and differences between Medieval Europe, China and Islamic countries

1768 words - 7 pages errors. Where appropriate, sources for facts, quotations, statistics and ideas are given in in-text citations that follow MLA style rules. The paper is accompanied by a works cited page that conforms with MLA rules if called for in the assignment. The paper follows instructions for the assignment carefully.C = 70-79 percent: A satisfactory paper. The paper demonstrates a basic understanding of the topic but contains little evidence of the author's

Independent Novel Project

1074 words - 4 pages turnitin.com by the above deadline. If you are having trouble with the site, you should email your assignment to me as a Microsoft Word attachment by Thursday, December 18. If you send the document to me in another format, I will not be able to open it, and you will be subject to the fifty percent late penalty. Do not send the work in the body of the email either. If I do not have the electronic file, I cannot upload the paper to turnitin.com. It

Categories and Types of Evidence and their Use in the Courtroom

1551 words - 6 pages , parties and juries give out then closely inspect the different forms of proof ata court trial is all governed by the law of evidence. In a way, evidence forms an extension ofcriminal procedure. It also forms an extension of civil law. In the Unites States, the FederalRules of Evidence (FRE) are the rules the federal courts follow. Most of the laws of evidence areencompassed in the Federal Rules of Evidence. The Federal Rules of Evidence has played

Understanding Relevance Legal Standard

985 words - 4 pages fact (probative value)”(Britz, 2008, p. 344). In this paper, an examination of the legal standard of relevance evidence will be discussed. Furthermore, the rules of inclusion and exclusion of evidence based on the wording of the rules will be scrutinized. In the final section, examples of evidence will be presented that could be both relevant and irrelevant for certain crime. As mentioned earlier relevance evidence refers to any material fact

Reflective Argument

2338 words - 10 pages now contain articles incorporating theories more so with utility in mind (A 6).” If this argument holds, then my assignment two demonstrates an ability to identify a change in conventions; as well as explaining why the change took place from a rhetorical position. The rationality for my assignment two paper demonstrating change within the journal relied on two important factors. First, the new rhetorical properties would be adopted by the authors

Law of Evidence

2100 words - 8 pages After over 100 years the provisions of the Criminal Evidence Act 1898 relating to the cross examination of the accused are set to be fundamentally reconsidered. Three key reports have recommended such action. Lord Justice Auld in the Criminal Court Review, the Government in "The Way Ahead" policy paper and the Law Commission in their report Evidence of Bad Character in Criminal Proceedings have all outlined solutions to solve the problems that

Artifact Reflection

1034 words - 5 pages effort into it, I feel it is a good representation of the work I have done in high school. It was a large assignment that I did a lot of research for. I used all of the previous English writing skills that I have learned while in school, and I also learned some more. In my junior English class, I also did a career research paper, but in this paper I took it a step further by including more research and more components. This paper shows some of my

A Helpful Guide for Writers

965 words - 4 pages A Helpful Guide for Writers Understanding the Assignment To fully understand your writing project, there are questions you should ask yourself when receiving it from the teacher. First, you should know when the assignment is due? What form is it due in? What the type of assignment it is? What are the goals and purpose in undertaking this assignment? Finally, how will your assignment be evaluated? Overview of Academic Essay- Thesis

The Argument Essay: Just Don't Do It!

612 words - 2 pages The Argument Paper: Just Don't Do It!   English 101 is incredibly challenging and overwhelming to the typical college student. A narrative reflective essay, an expository essay, a novel, and the Nelson-Denny Reading Comprehension test are all crammed into ten weeks of backbreaking work. However, the most intolerable assignment of all has not even been mentioned yet: the argument paper! Students run around shrieking and cursing when they

Similar Essays

Evidence L Aw Assignment Paper

1011 words - 5 pages DPP Ex p. Kebilene [2000] 2 A.C. 326. R. v DPP Ex p. Kebilene [2000] 2 A.C. 326 at 381. Johnstone [2003] UKHL 28 ; [2003] 2 Cr. App.R. 493. Dyson LJ, 'Some Thoughts on Judicial Deference' [2006] 103, 103 Ibid. Secretary of State for the Home Department v Rehman [2001] UKHL 47 [2003] 1 AC 153 at [62] International Transport Roth GmbH v Secretary of State for the Home Department [2002] 1 C.M.L.R. 52. I Dennis, The Law of Evidence (4th, Sweet & Maxwell, 2010) 475 I Dennis, The Law of Evidence (4th, Sweet & Maxwell, 2010) 476 Lambert [2001] UKHL 37; [2002] 2 A.C. 545

The South African Law Reform Commission’s Discussion Paper On Sexual Offenses Community Development Assignment

675 words - 3 pages Methodology The South African Law Reform Commission’s Discussion Paper on Sexual Offences: Adult Prostitution believes that it is essential to involve all stakeholders in the consideration of the appropriate legal response to sex work in the country. Background Sex workers are women, men and transgendered people who receive money or goods in exchange for sexual services, and who consciously define those activities as income generating even

Social And Cultural Diversity Essay

1078 words - 4 pages using the research paper rubric criteria included below. Determine the level of achievement appropriate for each assignment criteria. (Levels of achievement range from 1 (Unsatisfactory) to 5 (Excellent), and are listed in italics across the top. Assignment criteria are found in bold on the left.)Assignment Criterion: Content Knowledge and Comprehension Criteria 1: Unsatisfactory 2: Less Than Satisfactory 3: Satisfactory 4: Good 5

Environment Essay

358 words - 2 pages ENVIRONMENTAL ISSUES - ASSIGNMENT AThis assignment is 50% of the final mark for Environmental IssuesYou are required to produce an academic paper (maximum word limit - 2000 words) to be completed and handed in at the beginning of your PPD tutorial 4 in week 15 (week beginning 7 November). If you cannot attend that PPD tutorial for good reason, you MUST submit your assignment to the Assignment Management team on the Help Desk on level 4 of the