Sentences with phrase «when such prosecutions»
Canada's approach to HIV non-disclosure is exceptionally punitive, especially when such prosecutions are compared to those for sexual assaults where the sex was actually coerced.
http://www.canadianlawyermag.com/ Not exact matches
They cited three previous cases where courts ruled such questions are «relevant and probative» when they concern a defendant's actions in the context of a securities fraud prosecution, including that of pharmaceutical executive Martin Shkreli, whom Agnifilo represented.
While Congress works on legislation that clarifies what would be grounds for prosecution when it comes to lying on the Internet, to protect their members dating sites need to take action by deploying anti-fraud detection tools that help them identify risky behavior such as iovation's device identification service, that helps detect online scammers, spammers and bad actors attempting to mine the identity details of legitimate members.
Such deferred prosecution agreements shall become effective when filed with the clerk of the Education Practices Commission.
1944), a divorcing couple was contesting the custody of their Boston Bull Terrier, and the court explained that it would approach the resolution of the problem «with full realization that no man can be censured for the prosecution of his rights to the full limit of the law when such rights involve the comfort derived from the companionship of man's best friend.»
We prepare thorough case records of each incident, and encourage prosecution in court when the situation warrants such action.
Article 15 (1) of that Directive provides for restrictions to certain rights it provides for when necessary for purposes such as national security and the prevention, investigation, detection and prosecution of criminal offences.
Although we have extensive trial experience against the government, we believe — particularly in heavily - regulated industries or when government contracts are at issue — that it is equally important to engage in early efforts with regulators to pursue alternative solutions that impose only the most reasonable burdens on our clients, using measures such as consent agreements, deferred prosecution agreements, and nonprosecution agreements to amicably resolve disputes, including those in which the amounts at issue reached nine figures
Article II of the Constitution prohibits a President from using the pardon power to overturn an impeachment.5 The Framers of the Constitution placed only this limitation on the ability of the President to exercise his pardon power, 6 and the only sanction for the abuse of the pardon power is the removal of the President through impeachment.7 The Constitution is silent, however, as to whether the President may grant himself a pardon from prosecution and, if so, when such a pardon may be issued.8 In the over 20,000 instances that Presidents have used this exclusive power, 9 no President has used this power to pardon himself.10
What is more, there are numerous examples of public inquiries (both statutory and non-statutory) being conducted either in parallel with legal proceedings or when such proceedings were contemplated, from the Ladbroke Grove Rail Crash inquiry to the Bloody Sunday inquiry, since the conclusion of which there has been considerable discussion of possible criminal prosecutions.
In either case, does failing to prove premeditation when such proof is attempted weaken the rest of the prosecution?
Many criminal justice systems place such distinct power in the hands of the prosecutor from the moment he or she possesses incriminating information, even when the prosecution service is the weakest link of the system which has often been the case in international criminal justice.
On appeal, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court: (1) whether an insurer owes a duty under an insurance policy or the Massachusetts «in for one, in for all» rule to prosecute an insured's counterclaim; (2) whether an insurer owes a duty to fund the prosecution of an insured's counterclaim as part of «Defense Costs;» and (3) when such a duty might give rise to a conflict of interest, so that the insured is entitled to separate counsel at the insurer's expense.
(iv) Prosecutors when tendering such statements should be armed with the case of Thom v Director of Public Prosecutions [1994] RTR 11.
properly licensed out - of - state lawyers who limit their practice exclusively to certain areas of federal law, such as patent prosecution or immigration law, when federal law specifically authorizes the lawyer's practice;
Examples of such cases are Chandler v Cape Plc [2011] EWHC 951 (QB)(liability of non-employer for exposure to asbestos), Kynixa Ltd v Hynes and others [2008] EWHC 1495 (QB)(claims arising from alleged breaches of restrictive covenants in employment contracts), Romantiek BVBA v Simms [2008] EWHC 3099 (QB) a claim alleging that a public official had committed the tort of misfeasance in public office when discharging a licensing function, OOO and others v The Commissioner of Police for the Metropolis [20011] EWHC 1246 (QB)(claims by young foreign females that they had been trafficked into the UK by foreign nationals for the purpose of slavery and that officers of the Metropolitan Police Force breached their human rights in failing to investigate their complaints adequately or at all) and Mouncher and others v The Chief Constable of South Wales Police [2016] EWHC 1367 (QB)(claims by retired and serving police officers for false imprisonment, misfeasance in public office and malicious prosecution against South Wales Police arising from an investigation by officers of that force into alleged criminal conduct on the part of the claimants during the course of an investigation into a notorious murder in South Wales.
Though I can't find the original source, I recall Orin Kerr recounting how his prosecutor colleagues said the same thing 10 years ago when he argued the CFAA might apply to those who breach contracts, and now such prosecutions are commonplace.
When faced with a homicide where a historic mental health disorder is documented, both prosecution and defence can immediately obtain psychiatric reports to consider whether there is evidence that the disorder has been conducted such as to afford the perpetrator a partial defence.
That successful representative plaintiffs (or more accurately, their lawyers) should not recoup the significant expenses of certification is not an obvious boon for access to justice, especially when one considers that such payments are often used to help fund the prosecution of the action going forward.