New answers tagged criminal-law
1
There are, sort of. You may be able to get the information you want here, but it is possible that the document will never download completely. Article 34 is the main item of concern, being the one governing imprisonment, which says:
Whoever is proven to commit a gross medical error as set out herein
shall be sentenced to not more than one year-...
1
Legal
No. I'm not aware of the specifics outside of the United States, but all three jurisdictions have protections for freedom of speech and this statement typically does not constitute a "true threat" to commit a crime. In the United States, the officer needs to also consider the context under which a statement is made. "I wish I could be sharp ...
3
Typically anything in the car that you can see from looking through your windows is "plain view" and the officer is allowed to "search" from plain view. You don't need to be anywhere near the car for him to do this if it's in public space. Unfortunately, once he becomes aware of a possible crime, he has greater search capability (you should not tell him ...
3
Police officers can lie to you
He asked to search your car. He’s allowed to do this.
You said no. You’re allowed to do this.
He lied to you when he said he would get the K9 to search the car - this would not be legal. But he’s allowed to tell you lies.
You made an admission of criminal activity. He now has probable cause to search.
He legally searched, ...
0
The Nuremberg Trials tried for a combination of any of the four crimes listed below:
Participation in a common plan or conspiracy for the accomplishment of a crime against peace
Planning, initiating and waging wars of aggression and other crimes against peace
Participating in War crimes
Crimes against humanity
All defendants were in high positions of ...
0
There is some argument to be made that "German law" consisted of whatever the Nazi Party said it was.
But that is irrelevant, as the Nuremberg trials were not conducted by the Nazi regime. They were conducted by the Allies, pursuant to the Allies' laws. If someone from Saudi Arabia comes into the US and kills a gay person, "Killing gay people is not illegal ...
0
I would contact the county court clerk's office and make the request, as they normally will have duties that would include filing transcripts and other court paperwork. If they don't have it in an archive they own, they would certainly know who does if for no other reason then they would have to send modern cases to them. I would also check the State ...
1
The options available to the merchant are:
Force the thief to hand over the stolen goods.
Charge the thief the value of the stolen goods. He cannot increase the price charged as revenge for the theft.
1
There is a lot of confusion around the UK and its laws which supposedly require full log retention - the only law which addresses this is the 2016 Investigatory Powers Act (amended by the 2018 Data Retention and Acquisition Regulations Act) and this act requires you to retain full logs only on receipt of a valid "retention notice" from the Secretary of State....
1
What is a legal document?
I don’t know what people mean when they say ‘a legal document’ – usually when I’m being contrary I say something like ‘you mean that, at law, it is a document’.
To be honest, I'm as confused as Mr. Eburn about what you mean by "legal document" but I think you are using the term to mean a document that must be produced as a ...
3
In part, we don't know because there are currently no rules that address certain outcomes, so it will depend on who is on the Supreme Court when the issue is raised. A warrantless search will not be legal beyond current doctrines regarding crime in progress and imminent danger, even if it involves time travel. So you will need a warrant, and you will need ...
-2
Malum in se is defined as: “A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of nature, moral, and public law. . . . Such are most or all of the offenses cognizable at common law (without the denouncement of statute).” Black’s Law Dictionary 865 (5th ed. 1979).
In Commonwealth v. Parker, 50 ...
0
What crimes have been committed?
The initial assault (hit) or theft (stole) by A.
Bribery by A and the detective.
Which parties are at fault or liable?
See above.
How could Party A sue faulty party or parties for described actions.
Party A, as the perpetrator, can't sue anyone.
Party B can sue party A for the assault or the theft as applicable. ...
0
Sending a letter to the red light camera company or police department may or may not get the charge dropped before trial. But whether the charge gets dropped before trial isn't the important question -- after all, people sometimes do get charged wrongly -- rather, the question is, if it goes to trial, whether you will win.
Since this question is about ...
0
We don't yet have enough information to say whether this is hearsay or whether it is admissible. Even among lawyers, a hearsay analysis is tricky, so I'm not surprised you're getting such loopy and inconsistent answers here.
A proper hearsay analysis moves in three steps:
Step 1: Is it an out-of-court statement offered to prove the truth of the matter ...
0
First, the question wouldn't likely be phrased in this way during Direct Examination for an entirely different objectional reason (leading the witness. Unless the attorney has requested and recieved permission from the judge, to treat the witness as hostile, they cannot ask questions with a yes-or-no answer. On Cross, the witness is always assumed to be ...
1
Yes.
There are lots of intangibles in civil litigation, but one of the most valuable things you can do is maintain scrupulous records of any interactions with anyone whom you expect ot see in court.d Records you made throughout the course of the interactions are looked at more favorably than an account you assembled for the purpose of litigation, so you are ...
4
The police (and any other involved public agencies) do not work for Steve. They make their own decisions. You didn't specify a location, and requirements to consent to a search vary by location. It wouldn't be surprising, though, if Steve can't legally consent to a search of someone else's room (but possibly could consent to search of common areas).
One ...
-2
is Bob doing this regarded a scam?
No. Tom has no viable claims and therefore he has no case in civil court (nor is there a criminal case).
Being "at the very end of the 'terms of use'" likely renders Tom unable to justify his unawareness of the disclaimer. That would defeat his claim of breach of contract. When he entered the contract, he knew or should ...
5
A contract can’t legalise illegality
Let’s assume that absent the “simulation” disclosure in the ToS, this would be fraud.
The question then becomes, does making the disclosure make it not fraud?
Fraud requires dishonesty and deception. These are measured by what a reasonable person would determine from the overall conduct so a small piece of truth in ...
0
No, it doesn’t differ from shop bought items.
3
The Federal Election Commission (FEC) recently put out a summary of what constitutes a thing of value. While it is a summary from the FEC, I still think it's relevant because it uses the term thing of value, which, as the summary notes, appears in (quoting from the summary) "many criminal statutes throughout the United States". Because of that, I will quote ...
1
Could this US victim accuse this UK scammer?
Yes
Since uk and us has different legislations, how should the victim accuse the scammer?
Report the scam to the relevant US authority (which is, I think, the FBI)
They investigate and pass the information to the relevant UK authority (the Metropolitan Police, I think)
They jointly investigate and if/when ...
5
Depends on the purpose of the society and physical location of its members.
A secret society aiming to coordinate bank robberies would be pretty much illegal anywhere. A secret society sharing photos of cats would be fine in most parts of the world.
I'm not sure about the jurisdiction. All the places in which members
live? Where the servers are located?...
2
Would that itself raise any red flags/point out legal issues? to what end is it a "late fee" vs. "imprisonment for tax evasion?"
A taxpayer's voluntary payment/filing of overdue taxes is very unlikely to lead to imprisonment or prosecution. Here voluntary means that the tax department (example: IRS in the US) did not even have to allocate resources for ...
6
This would be illegal in Australia (Criminal Code Act 1995 part 10.7: any unauthorised impairment of electronic communication to or from a computer), the US (Computer Fraud and Abuse Act) and any other jurisdiction that I can think of. There is no exception allowing vigilante action in case a person has a reasonable belief that the material on a website is ...
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