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5 votes

If the law specifically disallows a criminal charge under a condition, does it still go before a jury if the condition is met?

This is an example of an affirmative defense In a criminal case, the prosecution must prove each and every element of the charge beyond a reasonable doubt. Where the law provides an exception that ...
Dale M's user avatar
  • 213k
5 votes
Accepted

Could the teacher be liable if a student stole a chemical thinking it was dangerous?

The main source of liability would be "for injuries caused by the act 'of things that he has under his guard'" (this article). As stated in Art. 1383. of the 1804 Civil Code, "Everyone is liable for ...
user6726's user avatar
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3 votes
Accepted

Motion to strike a dismissed PO

The order of operations is important I assume that plaintiff filed for a Protective Order. To get this granted, the plaintiff has to allege some kind of wrongdoing and evidence of that. If the ...
Trish's user avatar
  • 40.8k
3 votes
Accepted

Standard of proof required to prevent dismissal of criminal charge before trial

To what standard does the evidence need to be convincing so that the judge is satisfied that a jury could “reasonably convict” the defendant? The High Court expanded on the answer to this question in ...
sjy's user avatar
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2 votes

Frivolous / Nuisance Suit

Yes, the doctrine that costs follow the event. That is, you lose, you pay the costs for the winner. Also, if a plaintiff’s suit has no prospect of success, the defendant can file a motion for summary ...
Dale M's user avatar
  • 213k
1 vote

Should I request a dismissal for a traffic citation with incorrect information?

What are speeding fines? According to Harbinson Parker, the North Carolina speeding regime runs like this: 1 to 5 mph over the limit: $10 fine 6 to 10 mph over the limit: $15 fine 11 to 15 mph over ...
Trish's user avatar
  • 40.8k

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