Scientific and Forensic Evidence

There are manytypes of evidence that are commonly used at trial. Scientific and forensic types of evidence can be extremely helpful in proving your case, but there are rules and standards that these types of evidence must meet before theycan be submitted during a trial.

You may be wondering what on earth scientific evidence could mean in regards to a trial. In general, scientific evidence is based off of knowledge that has been developed byusing the scientific method. This means that the basis for the evidence has been hypothesized and tested and is generally accepted within the scientific community.This could mean that the theory on which the scientific evidence is based has been published in scientific journals and has been subjected to peer review within the scientific community.

Generally, manytypes of forensic evidence are often considered scientific evidence, likeDNA matching, finger print identification, and hair/fiber evidence.The methods used to develop these types of evidence are generally beyond the scope of knowledge that judges and juries possess and are therefore normally introduced as scientific evidence. However, this is not to saythat scientific evidence cannot be excluded from a courtroom or trial. There are often many steps that must be taken before a piece of scientific evidence can be put for th in a cour troom as factual evidence.Ingeneral, a scientific theorymust have established itself in the scientific community and become generally accepted as the truth before it will be asserted as evidence at trial.

Forexample, because it has been around for so long and because it has proventobereliable, evidence regarding fingerpr int matching is generally admissible as forensic evidence in trial. In addition, things likeradar and laser speed guns are generally accepted as being a valid method to tell the speed of a car at a given time and can be admitted as evidence. But keep in mind that there will often be newtypes of scientific evidence that parties will attempt to submit at trial – science that maynot have a solid foundation within the scientific community.

If one side of a trial wishes to submit scientific evidence that is not yet generally accepted within the scientific community, it often happens that the cour torders a mini-trial to be held in order to determine the validity of the scientific theory on which the evidence is based. As an example, DNA evidence had to go through manymini-tr ials before it became generally accepted as valid evidence at trail.

In the future, wemay see more mini-trials as more types of forensic evidence are introduced in court. As another example, manyscientists are currently wor king on using functional Magnetic Resonance Imaging (fMRI) as a newtype of lie detection machine (this wor ks by imaging, in real time, the flowofblood around the brain). If, dur ing amini-tr ial, ajudge can be

convinced that a new, as-of-yet unproven, type of scientific evidence should be introduced at trial, then the judge will allow it to be presented.

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FORMS OF BUSINESS ORGANIZATION

 

There are three principal forms of business organization:

1. the sole proprietorship;

2. the partnership;

3. the corporation.

Sole proprietorship

The simplest form of business organization is the sole proprie­torship, which is owned by one person. Many small businesses start out as sole proprietorships. The owner has relatively unlimited con­trol over the business and keeps all the profits. These firms are usu­ally owned by one person who has day-to-day responsibility for running the business. Sole proprietors own all the assets of the business and the profits generated by it. They also have complete responsibility for any of its liabilities or debts. In case of breach of contract the business property and personal assets of the owner may be taken to pay judgments for damages awarded by courts.

Sole proprietorships are the most numerous form of business organization. No charter and permit are needed and there are no particular, legal requirements for organizing or conducting a sole proprietorship. When started, many sole proprietorships are conducted out of the owner's home, garage, or van c-nd inventory may be limited and may often be purchased on credit.

Main Features of a Sole Proprietorship:

(+) Easy to organize

(+) Owner has complete control

(+) Owner receives all income

(-) Owner has unlimited liability

(-) Benefits are not business deductions

Partnership

In a Partnership, two or more people share ownership of a sin­gle business. Like proprietorships, the law does not distinguish be­tween the business and its owners. The partners should have a legal agreement that sets forth how decisions will be made, profits will be shared, disputes will be resolved, how future partners will be admitted to the partnership, how partners can be bought out, or what steps will be taken to dissolve the partnership when needed.

There exist different types of Partnerships:

1. General Partnership

Partners divide responsibility for management and liability, as well as the shares of profit or loss according to their internal agree­ment. Equal shares are assumed unless there is a written agreement that states differently.

2. Limited Partnership and Partnership with limited liability " Limited" means that most of the partners have limited liability (to the extent of their investment) as well as limited management decisions, which generally encourages investors for short term pro­jects, or for investing in capital assets. This form of ownership is not often used for operating retail or service businesses. Forming a limited partnership is more complex and formal than that of a gen­eral partnership.

3. Joint Venture

Joint Venture acts like a general partnership, but it is formed for a limited period of time or a single project.

Main Features of a Partnership:

(+) Easy to organize, but needs agreement

(+) Partners receive all income

(-) Partners have unlimited liability

(-) Partners may disagree

(-) Life of business may be limited

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