Law - Legal Issues

Law - Legal Issues

This essay is related to answering the questions of legal issues pertaining to the aspects of privilege, lay witnesses, hearsay and witness competencies.

Privilege

A privilege is a special duty, or outstanding exclusive granted to a person, group or a community, can do something or have an advantage. By definition, the privilege is the "right that the quality of the debt gives to a creditor to be preferred to other creditors, including mortgages" (Article 2324 Civil Code). Under the Old Regime, the Nobility, the Clergy, the corporations had important privileges. During the French Revolution, the National Assembly abolished the feudal privileges of the Night 4 August 1789 and replaced by common law. Article 1 of the decree on the abolition of privileges:

“The National Assembly entirely destroys the feudal system. It decrees that, in rights and duties as feudal as censual, those who hold to the mortmain real or personal and bondage personal, and those who represent them, are abolished without compensation, and all others are declared redeemable, and the price and mode of purchases will be determined by the National Assembly. Those rights which are not removed by this decree shall nevertheless continue to be collected through repayment” (Peters, 2000, pp. 18). In law and commercial heritage, the right is a privilege granted to a creditor to be paid on the sale price of property of his debtor in priority to all other creditors, even if they are secured by a mortgage.

Lay Witnesses

Lay witnesses comprises of a set of measures to ensure the safety of witnesses during trial and, if necessary, and after it. In some cases, the term "witness protection" also means the protection of defendants, victims and officials involved in the process. As a rule, witness protection is used in the handling ...