Sentences with phrase «obtain evidence in the case»

It's the second time in a month the attorney general's office has used a search warrant to obtain evidence in the case.
William Christopher & Alan Sheeley examine the law regarding obtaining evidence in cases of fraud

Not exact matches

Except for male sex, which was not a risk factor in study participants, the ORs obtained from participants were similar to those obtained from all eligible cases and controls, providing no evidence of a noticeable selection bias.
(3) aside from a small handful of anecdotal edge cases, there's no evidence that minorities have trouble obtaining required IDs compared to anyone else (that MAY have been true in 1960s, but absolutely false in 2018).
The budget also removed the requirement for individuals in correctional facilities to give written consent for HIV testing, encouraged high - risk populations to use condoms by prohibiting prosecutors from using them as evidence in prostitution cases, and made it legal to possess syringes obtained through a syringe access program.
Umar, in his lead ruling, had exonerated Saraki of all the charges on, among other grounds, the failure of the prosecution to obtain Saraki's statement and make it part of the proof of evidence in the case.
Controversy has surrounded the case since it was revealed the Guards had not followed procedure in obtaining the evidence.
On Tuesday, the U.S. Supreme Court hears arguments in a case about the collection of DNA evidence, and whether the Fourth Amendment prohibits police from obtaining DNA samples before conviction without a warrant.
Similarly with the police and entrapment — undercover work can be a legitimate means of obtaining evidence and this will often involve a certain amount of deception, although cases have come to light recently in the UK where this has gone too far.
Obtaining such evidence is challenging, particularly in those cases with a cross-border dimension.
In the real case of the software engineer thief, an Anton Piller order was used to obtain stolen information and evidence of the theft.
While the disclosure obligations imposed on the Crown make the preliminary inquiry less important as a forum for disclosure of the Crown's case against the accused, the constitutional principle that evidence should be made available to the defence if there is a possibility that non-disclosure will impair the accused's right to make full answer and defence, by extension, would seem to direct the justice presiding at the preliminary inquiry to ensure that the defence is given the widest latitude in obtaining disclosure during the course of the preliminary inquiry.
For more than 55 years, this Court has enforced a rule under which evidence of undoubted reliability and probative value has been suppressed and excluded from criminal cases whenever it was obtained in violation of the Fourth Amendment.
Pretrial motions to suppress evidence illegally obtained by police is of vital importance in drug cases.
What are the primary steps and obstacles in obtaining evidence and facts in order to provide a thorough analysis in these cases?
Where adjournments are required for further expert or medical evidence to arrive or be obtained, then it should be for the judge to determine what is right, just and equitable in relation to the facts and circumstances of the particular case before them.
In most cases, it will be difficult to obtain evidence of a direct, harmful consequence to a delusional litigant of being identified in a proceedinIn most cases, it will be difficult to obtain evidence of a direct, harmful consequence to a delusional litigant of being identified in a proceedinin a proceeding.
In this post, international commercial litigator Steven Loble discusses recent case, Singularis Holdings Ltd. v PricewaterhouseCoopers, in which the Judicial Committee of the Privy Council, which is the ultimate court of appeal for UK overseas territories and Crown dependencies, and for some Commonwealth countries, set out the limits of a court's power to assist in obtaining evidence.In this post, international commercial litigator Steven Loble discusses recent case, Singularis Holdings Ltd. v PricewaterhouseCoopers, in which the Judicial Committee of the Privy Council, which is the ultimate court of appeal for UK overseas territories and Crown dependencies, and for some Commonwealth countries, set out the limits of a court's power to assist in obtaining evidence.in which the Judicial Committee of the Privy Council, which is the ultimate court of appeal for UK overseas territories and Crown dependencies, and for some Commonwealth countries, set out the limits of a court's power to assist in obtaining evidence.in obtaining evidence...
Our Fairview, Texas drug crimes attorneys will meticulously examine all of the evidence police and prosecutors have gathered in your case, as well as evidence you provide that the police and prosecution may have ignored, to find the weaknesses in the prosecution's case and use it to obtain an acquittal at trial or as leverage to seek a reduction in charges.
In those cases, our firm's private investigative resources can obtain eye witness testimony, crime scene evidence, and other facts to support your claim.
In that case, where one party sought to obtain evidence for litigation, and misled the other parties to a meeting to do so, the Court performed the objective assessment from the misled parties» point of view.
This is a very involved and complicated process, but that is what an experienced truck accident attorney knows in terms of obtaining this information - how to get to it and how to preserve it so that there is no issue of evidence disappearing and so that it can be used to help your case.
The stores having these collections letters mailed may generally be happy with the number of people who pay money on the letters, without going to the trouble of paying attorney fees for filing and pursuing a lawsuit, and proving the case (particularly if a conviction has not been obtained in the parallel criminal case) with witnesses and other evidence.
He or she has the required skill to ensure that your case is properly prepared for the possibility of a trial in court, and that includes preparing and filing all of the necessary documents, following the Rules of Court, and obtaining the necessary evidence and witnesses to support your claim and present it to the judge or jury in a manner that will make the most of your claim.
In some cases, your lawyer may obtain evidence establishing negligence, such as surveillance footage, maintenance records and reports, toxicology results, eyewitness testimony, vehicle computer data, internal documents, or expert opinion regarding the standard of care that should have been exercised in a given scenariIn some cases, your lawyer may obtain evidence establishing negligence, such as surveillance footage, maintenance records and reports, toxicology results, eyewitness testimony, vehicle computer data, internal documents, or expert opinion regarding the standard of care that should have been exercised in a given scenariin a given scenario.
In such cases, employers should obtain a digital image of the employee's device as soon as possible to ensure evidence is preserved.
We will thoroughly investigate all the evidence in your personal injury case and we will aggressively exhaust all available options to obtain the most compensation for your injury.
During pre-trial motions, lawyers from both sides can request the court to take some action such as disallowing evidence, obtaining discovery that was not allowed previously, dismissing the case altogether, striking a statement of defense, ensuring the other side moves the case in a timely fashion to avoid delays, etc..
The concern in such cases is that evidences of car accidents are difficult to obtain and prove once the scene of accident is cleared.
Attorney John R. Orton obtained a ruling from the Circuit Court of Juneau County (Judge Roemer) granting a new trial in a personal injury case due to the erroneous exclusion of critical evidence by the Court.
It is important to thoroughly review how each piece of evidence in your case is gathered and challenge the use of any evidence that is obtained in violation of your Constitutional rights.
If you are a suspect in a criminal case, talking to police or simply returning their call may lead them to obtain evidence to use against you.
AV Preeminent peer review rated * through Martindale - Hubbell, the highest rating for legal ability and ethics, Bradenton and Sarasota head injury attorney Dana J. Watts will use his 30 years of trial experience to effectively establish evidence in your case and present realistic claims that will ultimately help to obtain full and fair compensation for current and future medical needs.
Justice Burnyeat considered the case of a car salesman who was dismissed from his employment and who failed to obtain alternative employment within the 9 month notice period in Ata v. Carter Pontiac Buick Ltd. 2 At trial, the employer provided evidence that there were numerous similar positions available at other dealerships during the notice period.
The Ohio truck accident lawyers at Kademenos, Wisehart, Hines, Dolyk & Zeiher Co., LPA are familiar with the evidence necessary to obtain the most compensation possible in a personal injury case.
Despite the seriousness of the offences, the obtaining of reliable evidence in this case can not supply sufficient justification for effectively condoning the wilful ignoring and violation of Charter rights.
In doing so, they abandoned any effort to honour the values in the Charter... To admit the evidence obtained through the flagrantly unlawful detention and search in this case would undermine public confidence in the administration of justicIn doing so, they abandoned any effort to honour the values in the Charter... To admit the evidence obtained through the flagrantly unlawful detention and search in this case would undermine public confidence in the administration of justicin the Charter... To admit the evidence obtained through the flagrantly unlawful detention and search in this case would undermine public confidence in the administration of justicin this case would undermine public confidence in the administration of justicin the administration of justice.
To obtain the order, a plaintiff must show the Court that it has the makings of a strong case, that the damage to the plaintiff of the defendant's alleged misconduct is very serious, that there is convincing evidence that the defendant has in its possession incriminating documents or items, and that there is a real possibility that the defendant may destroy such material before discovery.
In the recent case of Electromart (Ontario) Inc. v Fabianiak et al., the Ontario Superior Court considered the level of evidence required to prove that there is a real risk of the dissipation of assets, one of the elements necessary to obtain a Mareva injunction freezing a defendant's assets.
... There was no viable option to test the veracity of the plaintiff's evidence other than through surveillance... photographs obtained through surveillance appear to show the plaintiff using and extending her right arm... Although surveillance in this case occurred late in the day, I am satisfied that the defendants» theory of the case, the limited options available, and the likelihood the case would proceed to trial, justified video surveillance in all the circumstances.
Our Manhattan, Westchester and Fairfield County truck accident lawyers will work at the outset of the case to collect and preserve material evidence so it can be used to obtain the maximum settlement or verdict allowed under New York or Connecticut Law in the truck accident case.
Mr. Heffernan obtained a trial judgment affirming both title and boundaries for a 120 - acre subdivision in a case which marshalled over a century's worth of complex title records and boundary evidence.
The decision to enter a stay of proceedings, or to obtain an acquittal by adducing no evidence, was the subject of consideration by former Chief Justice Antonio Lamer in The Lamer Commission Of Inquiry Pertaining To The Cases Of: Ronald Dalton, Gregory Parsons, Randy Druken (2006).
While not categorically prohibiting the use to Rule 317 as a means of obtaining such documents in other proceedings, the court that given the available evidence of what the cabinet did consider (mainly the reasons given in the gazette notice of the decision), the applicants had cast the net too wide in this case.
Here is the sample language from the discovery request I use to obtain social media evidence in motor vehicle accident cases:
In addition to determining these legal distinctions and duties, key actions that must usually be taken in slip, trip and fall cases include preserving evidence by obtaining photographs, recording statements of witnesses, and saving physical evidencIn addition to determining these legal distinctions and duties, key actions that must usually be taken in slip, trip and fall cases include preserving evidence by obtaining photographs, recording statements of witnesses, and saving physical evidencin slip, trip and fall cases include preserving evidence by obtaining photographs, recording statements of witnesses, and saving physical evidence.
Our review of the evidence will help us find the holes in the prosecution's case, and we have a successful record of using those weaknesses as leverage to obtain a dismissal of all charges or an acquittal at trial and, when that is not possible, a reduction in charges.
An experienced family attorney in Manassas can gather the evidence relevant in your case and help you to obtain a successful result.
«The cases, no doubt, establish that such documents are protected where they have come into existence after litigation commenced or in contemplation, and where they have been made with a view to such litigation, either for the purpose of obtaining advice as to such litigation, or of obtaining evidence to be used in such litigation, or of obtaining information which might lead to the obtaining of such evidence
We have, for example, obtained appellate victories in cases involving the preemption of state - law tort claims arising from the alleged malfunctioning of an FDA - approved medical device, the admissibility of statistical evidence that would rebut a plaintiff's evidence of future lost wages, and the purported duty to protect employees» spouses from second - hand asbestos exposure.
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