Sentences with phrase «breach of peace»

Disputes considered appropriate for mediation include boundary disputes, private prosecutions for breach of the peace, complaints about noise or nuisance pets, and disputes between adult family members on questions of property.

Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of the misdemeanour termed forcible detainer.

From what I understand, Part 2 is saying that a member of Congress can not be arrested, unless they commit «treason», a «felony», or a «breach of the peace.»

However, there are specific crimes which allow arresting a Congressman while he is attending a session of Congress, or going to or from a session, namely treason, felony or breach of peace.

So they are privileged from arrest while attending sessions, or while going to and returning from those sessions, except in cases of treason, felony, or breach of the peace.

The second is the determination under Art 39 by the UN Security Council of the existence of any threat to the peace, breach of the peace, or act of aggression to which it may decide what measures shall be taken in accordance with Arts 41 and 42, to maintain or restore international peace and security.

The claimant had been arrested for causing a breach of the peace and removed by the police to a place of safety under MeHA 1983, s136.

He was stopped and searched without proper explanation, before being handcuffed and arrested for breach of the peace.

They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

The wording of Art 39 would suggest that what constitutes a «threat to the peace, breach of the peace» must impact upon «international peace and security».

Counsel for the police, David Pannick QC, had argued that the interference was lawful because of breach of the peace powers, alternatively by virtue of the powers conferred under the aegis of the Public Order Act 1986, or finally pursuant to the doctrine of necessity.

The «gateway» for Chapter VII is a determination by the UN Security Council that there is «any threat to the peace, breach of the peace» which enables measures to be taken pursuant to Arts 41 and 42 «to maintain or restore international peace and security».

The executive blunderbuss of catching innocent protestors in the net and cordon of criminality in this case by reference to archaic breach of the peace powers is ample evidence of the bluntness and inappropriateness of these powers» continued use in the UK.

The European Court of Human Rights in Zilliberg v Moldova (Application No 61821 / 00) and Ezelin v France (Application No 11800 / 85)(1991) 14 EHRR 362 has recognised the legitimacy of general statutory restrictions on demonstrations in the form of a public procession, where necessary to avoid a breach of the peace, and would also seemingly (per Lord Mance in Laporte, at para 149):

The issue then was «whether and to what extent the police may take preventive action against anyone other than persons committing or reasonably apprehended as being about to commit a breach of the peace».

«(iii) Where (and only where) there is a reasonable belief that there are no other means whatsoever whereby a breach of the peace or imminent breach of the peace can be obviated, the lawful exercise by third parties of their rights may be curtailed by the police; (iv) this is a test of necessity which it is to be expected can only be justified in truly extreme and exceptional circumstances; and (v) the action taken must be both reasonably necessary and proportionate.»

The House of Lords held that Laporte could not be refused permission to proceed to the demonstration unless a breach of the peace was imminent at the time of refusal, which Lambert had stated was not the case.

«(i) Where a breach of the peace is taking place, or is reasonably thought to be imminent, before the police can take any steps which interfere with or curtail in any way the lawful exercise of rights by innocent third parties they must ensure that they have taken all other possible steps to ensure that the breach, or imminent breach, is obviated and that the rights of innocent third parties are protected.»

Once this threshold test of imminence is passed, «action which is both reasonably necessary and proportionate to prevent a breach of the peace may be taken».

Georgia «(a) A person commits the offense of criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace.

For public incitement of hatred to be found, there must be proof of several elements: (1) statements must be communicated in public, (2) they must incite hatred against an identifiable group, and finally, (3) they must lead to breach of the peace that the originator of the statements intended or foresaw as likely to happen and remained willfully blind to as events unfolded.

Public incitement of hatred means to communicate statements in any public place that incite hatred against an identifiable group of people and such incitement is likely to lead to a breach of the peace.

In addition, a breach of the peace bond will likely result in criminal charges being laid which has the potential to result in a criminal record.

(b) notice as required by subsection (6) could not be given because the delay necessary to do so would result in irreparable damage or injury, a breach of the peace or an interruption in an essential public service;

Some of the most common criminal law issues relate to assault, misuse of drugs, breach of the peace, rape and other sexual offences, road traffic law, murder, culpable homicide or attempted crimes.

(3) In a motion or proceeding for an injunction to restrain a person from an act in connection with a labour dispute, the court must be satisfied that reasonable efforts to obtain police assistance, protection and action to prevent or remove any alleged danger of damage to property, injury to persons, obstruction of or interference with lawful entry or exit from the premises in question or breach of the peace have been unsuccessful.

Some of the most common criminal law issues relate to assault, misuse of drugs, breach of the peace, rape -LSB-...]

In Terminiello, convictions were not allowed to stand, because the trial judge charged that speech of the defendants could be punished as a breach of the peace

Our conclusion that the record does not support the contention that the students» cheering, clapping and singing constituted a breach of the peace is confirmed by the fact that these were not relied on as a basis for conviction by the trial judge, who, rather, stated as his reason for convicting Cox of disturbing the peace that

It was not blasphemy at common law to attack any religion except Christianity, and an attack on the Christian religion had to be such as tended to lead to a breach of the peace.

While that right is not absolute and some words «by their very utterance» cause injury or incite an immediate breach of peace, and do not receive constitutional protection, (there is the old adage you do not have the right to shout fire in a crowded movie theater).

These include the lewd and obscene, the profane, the libelous, and the insulting or «fighting» words — those which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace.

That is, you may use force to the extent you reasonably believe necessary to prevent a felony, riot, or serious breach of the peace.

This limitation has been refined into obscenity, defamation, breach of peace, and «fighting words».

The one exception would be language that falls outside the protection of the First Amendment, «fighting words which by their very utterance tend to incite an immediate breach of the peace.»

Thistlewood was carried off to the King's Bench prison and charged with causing a breach of the peace.

Douglas» lawyer had argued that his client could be convicted of disorderly conduct only if his requests to tickle constituted «fighting words,» which he described as words that «by their very utterance inflict injury or trend to incite an immediate breach of the peace.»

The law said a person commits the offense if he uses profane or vulgar language, or makes an offensive gesture or display that «tends to incite an immediate breach of the peace.»

In a minority of U.S. states it isn't automatically unlawful to evict someone for non-payment of rent or the termination of a lease term without a court order, if it can be accomplished without a breach of the peace.

If a «breach of the peace» occurs, your creditor may be required to pay a penalty or compensate you for any harm done to you or your property.

For example, the creditor may not come onto your property or otherwise commit a «breach of the peace» during the repossession by using physical force or threats of force or breaking into locked buildings.

However, if a «breach of the peace,» was committed, the creditor may lose the right to collect a deficiency judgment.

Although technically they can legally repossess your pledged collateral, they are constrained by the Breach of Peace Law to take the collateral from your private property.

A breach of peace also may give you a legal defense if your creditor sues you to collect a «deficiency judgment» — that is, the difference between what you owe on the contract (plus repossession and sale expenses) and what your creditor gets from the resale of your vehicle.

Crime Police in Stamford, Conn., charged Spider - Man and Captain America with assault and Poison Ivy with breach of peace following a weekend brawl in a parking garage.

This is what I long for, the breach of peace, the days of disarray when I walked real streets and did things slap - bang and felt angry and ready all the time, a danger to others and a distant mystery to myself.

The state Police Public Relations Officer, ASP Olarinde Famous - Cole, while commenting on the video, said the masquerades were robbing motorists and causing breach of the peace.

Arase who addressed stakeholders and police officers in Lokoja, Kogi State, warned all trouble makers and anti-social elements to stay away from the state throughout the period of the election «as the police will not hesitate to arrest and prosecute any person, no matter how highly placed in society, who flouts the law or causes a breach of the peace.»

The Falkirk was fined # 1,500 at Edinburgh Sheriff Court after pleading guilty to one charge of breach of the peace.

At the parley, the IGP warned all trouble - makers and anti-social elements to stay away from Kogi State throughout the period of the election as the Police will not hesitate to arrest and prosecute any person, no matter how highly placed in society, who flouts the law or causes a breach of the peace.