Sentences with phrase «evidence code section»

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

(Evidence Code Section 703.5 (a-d)-RRB-

The mediation will be conducted pursuant to, and governed by, California Evidence Code Sections 1115 - 1128.

Not exact matches

Title 18, Section 333 of the United States Code, says that «whoever mutilates, cuts, disfigures, perforates, unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, Federal Reserve Bank, or Federal Reserve System, with intent to render such item (s) unfit to be reissued, shall be fined not more than $ 100 or imprisoned not more than six months, or both.»

Many municipalities already have by - laws that deal with animal bites, and in Ontario the Dog Owners Liability Act has proven to be effective in confining, restraining or disposing of biting or attacking dogs judged to be a definite threat to public health and safety, and when evidence warrants, there is always Section # 221 of the Criminal Code of Canada.

Dennis Oppenheim's Violations, 1971 - 1972, includes evidence of 103 misdemeanors in violation of Section 484 of the California Penal Code (Petty Theft), represented by hubcaps Oppenheim pried from car wheels as part of the conceptual art piece.

15 Section 48 itself makes no reference to the necessity of the driver of a motor vehicle being on a highway before he or she can be stopped to determine whether there is evidence to justify making a demand under section 254 of the CriminaSection 48 itself makes no reference to the necessity of the driver of a motor vehicle being on a highway before he or she can be stopped to determine whether there is evidence to justify making a demand under section 254 of the Criminasection 254 of the Criminal Code.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

A judge must deny spousal support to the guilty spouse when the fault ground of adultery is proven, unless clear and convincing evidence demonstrates that the denial would result in a manifest injustice, as provided in Virginia Code Section 20 - 107.1 (B).

The Virginia Court of Appeals first restated the rule that it will not reverse the divorce court's discretion in fashioning an equitable distribution award unless it appears from the record that the divorce court abused its discretion, failed to consider or misapplied the factors in the equitable distribution statute, Virginia Code Section 20 - 107.3 (E), or made essential fact findings unsupported by the evidence.

Section 276 (1) of the Criminal Code states that the defendant in a sexual assault trial can not admit evidence relating to the complainants past sexual history to prove that the complainant likely consented to the sexual activity alleged in the charge or to show that the complaint is untrustworthy or lacks veracity.

Section 278.2 (1) of the Criminal Code states that no records containing personal information regarding the complainant or a witness in the trial shall be produced for the accused to be used as evidence in a sexual assault trial.

Indeed, the Court accepted a broad interpretation of «giving of contradictory evidence» in section 51 of the Police Act to include disciplinary level misconduct rather than confining the exceptions to serious cases of perjury and contradictory evidence under sections 131 and 136 of the Criminal Code, RSC 1985, c C - 46 (at para 37).

Further, if there were implied into the retainer a term that the solicitor would comply with the code then Morgan J held «any non-compliance would be a breach of contract whereas the Notes to Rule 15 contemplate that there can be some breaches of the Code which will not be a breach of Rule 15 and will not be evidence of inadequate professional services under Section 37A of the Solicitors Act 1974&raqcode then Morgan J held «any non-compliance would be a breach of contract whereas the Notes to Rule 15 contemplate that there can be some breaches of the Code which will not be a breach of Rule 15 and will not be evidence of inadequate professional services under Section 37A of the Solicitors Act 1974&raqCode which will not be a breach of Rule 15 and will not be evidence of inadequate professional services under Section 37A of the Solicitors Act 1974».

He allowed the accused to introduce evidence of the complainant's previous sexual activities with someone else — more specifically her efforts to rebuff that person's sexual advances — without conducting the required application under section 276.1 of the Criminal Code.

A separate direction is provided for cases where sexual history evidence was allowed under section 276 of the Criminal Code (see chapter II.7.20 and chapter III.11.20) and it merely requires judges to instruct juries that «You must not use that evidence [of the complainant's sexual history] to infer that [s / he] is more likely to have consented to the sexual activity that forms the subject matter of the charge or to infer that s / he is less worthy of belief as a witness.»

Having read the Crown's factum, portions of the trial transcript and having heard Crown counsel's arguments, we are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity imposed by section 276 of the Criminal Code.

Section 457.3 (1)(b) of the Criminal Code which prohibits the adduction of evidence from the accused as to the offence charged at the bail hearing by implication must prohibit the subsequent admissibility of evidence given contrary to its terms.

Section 67 (9) of the Police and Criminal Evidence Act 1984 (PACE) provides that «persons other than police officers who are charged with the duty of investigating offences» shall have regard to the relevant provisions of the PACE Codes of Practice, and Code C 10.1 of the codes sets out the requirement to caution.

BAR & EXTRAJUDICIAL OFFICES & ACTIVITIES: Florida District Court of Appeal Budget Commission, Chair, 2013 — 2016; Appellate Courts Technology Committee, Member, 2008 — 2016; Florida Conference of District Court of Appeal Judges, Legislative Chair, 2011 — 2013; Appellate Practice Section, Fifth District Representative, 2006 — 2014; Appellate Court Technology Committee, Fifth District Representative, 2006 — 2016; Rules of Criminal Procedure Committee, 2004 — 2009; First Central Florida Inns of Court, 2002 — 2007 & 2016 - Present; Orange County Bar Association, 1996 — Present; Former Test Writer (Evidence) and Grader, Florida Board of Bar Examiners; Code and Rules of Evidence Committee, Past Member.

Added to the California Evidence Code will be section 351.2 — making immigration status inadmissible and undiscoverable in personal injury and wrongful death matters.

Where the ITO does not support the issuance of the warrant under 487 (1)(a) or (c), and where the warrant nevertheless authorizes a search for evidence of a suspected or intended offence, the warrant is invalid on its face as it exceeds the authority prescribed in section 487of the Criminal Code.

The TEC found that there is «credible evidence of violations of section 572.023 of the Government Code», so she has broken the law and it is appropriate that criminal charges are filed in addition to the civil penalty assessed by the TEC.

Even if the RCMP did ignore the evidence that contradicted Wright's claims of an innocent motive it can't be ignored that a charge under section 121 (1)(b) of the criminal code - fraud on the Government - does not require proof of corruption.

The Code in dealing with documentary evidence separates the issues as to admissibility of originals, authentication and admissibility of copies, into three separate groups of sections.

The sections of the Evidence Code were divided up among discussion groups, which were conducted between opening and closing plenary sessions.

He sued to collect, but defendant raised an interesting defense — Penal Code section 6129, which provides that «[e] very attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor» (a champerty inspired statutory provision).

If the insurer refuses to provide the evidence, you can rely on sections 7.19 and 14.2 of the General Insurance Code of Practice, and also on the duty of utmost good faith, to argue that they should provide it.

Also, an increase in premiums requiring an increase in the face amount to stay within the definition of life insurance guidelines of Code section 7702 usually will require evidence of insurability.

According to the Iowa Code Section 598.41, Iowa awards joint legal custody in most cases, «unless there is evidence of domestic abuse.

In cases where the issue of custody and visitation are hotly contested, or in cases where one parent wishes to move away, the court will often order a custodial evaluation, called a «730 Evaluation» after the section in the Evidence Code.

The Texas Family Code, Section 153.004, requires the court to consider such evidence in the appointment of conservators and in making decisions regarding custody, access and visitation.

This is because the respective section of the Evidence Code authorizes a judge to order such an evaluation.

They concluded: «The registrar (RECO) simply failed to prove that the registrant, Helmut Klingel, had breached any of the sections of the Code of Ethics he was alleged to have breached...... There was simply no evidence presented at the hearing to support such allegations.»