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Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?

The appellate court reviews based upon the trial court record. To the extent that it turns on questions of law, including interpretations of written documents whose authenticity is not in question, ...
ohwilleke's user avatar
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4 votes

If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?

italy The defendant cannot be put on trial twice for the same crime*. But the judge can derubricare the crime, which is a technical term to say that the judge can reduce the charge. [*] After the ...
FluidCode's user avatar
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5 votes

If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?

england-and-wales The CPS offers guidance on this. You can't be retried for a lesser or more serious offence unless "new and compelling" evidence comes to light. Under normal circumstances ...
Richard's user avatar
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7 votes

If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?

canada Criminal Code, s. 662 provides that the accused is at jeopardy of all lesser included offences that are subsumed within the offence charged or as described in the count. An offence is “...
Jen's user avatar
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18 votes

If you try to charge someone for something and it doesn't stick, can a less severe charge be made as a follow-up?

It depends on what you mean by "doesn't stick." If Mark is acquitted of murder in state court, he can't be tried again in state court for the same act of homicide. If the charges are ...
phoog's user avatar
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