48

The English translation is a copyrighted work While the original Greek is public domain, the English translation is a new literary work with its own copyright running for 70 years after the author(s) death(s). The French translation of the English work would require the permission of the author(s). A French translation of the original Greek wouldn't. This ...


41

It is the jury's job to evaluate the credibility of the witnesses, and it is the judge's job to inform them of that responsbility. It is not appropriate, however, for the judge to indicate to the jury what answer they should come to on those questions. In Quercia v. United States, 289 U.S. 466 (1933), the defendant in a drug case took the stand to deny the ...


20

In England and Wales, deliberately spitting on someone is classed as battery under the common assault category of the Criminal Justice Act 1988. Corresponding legislation has been enacted covering Scotland and Northern Ireland. Battery is the application of unlawful force, and as well as spitting, covers incidents of pushing and slapping. Spitting, if done ...


18

It is the judge's obligation to instruct the jury w.r.t. believing witnesses. This is the introductory instruction for criminal trials in Washington, which on that topic says You are the sole judges of the credibility of each witness. You are also the sole judges of the value or weight to be given to the testimony of each witness. In assessing credibility, ...


8

In the US, it is or is not, depending on the jurisdiction. One question is what to call it. In Oregon it is called "harassment" A person commits the crime of harassment if the person intentionally: (a) Harasses or annoys another person by: (A) Subjecting such other person to offensive physical contact... In Washington, there is no statutory ...


6

The concept is known as lesser included offense. The prosecution believed that they have a chance to prove murder, so they charged murder, but they understood that the judge and jury might not convict on murder. So they said in effect, "and if you won't find him guilty of murder, at least convict for manslaughter."


5

The victims of these unconstitutional laws would likely not be able to recover any damages or refunds of their fees. Generally speaking, the only avenue to challenge fees imposed as a result of a criminal conviction for sodomy (or any other criminal law) is through a direct appeal of your conviction or sentence. The amount of time to raise that appeal is 30 ...


4

Only if counsel challenged the point during the trial Difficult as it might be, you can’t allow the judge to be wrong during the trial without calling them on it: very, very politely. For example, there is case law that says you can’t successfully appeal because the judge was asleep through significant parts of the trial; appeals courts are clear that you ...


4

Yes. This is legal. See, e.g. SPARF v.U.S. 156 U.S. 51 (1895); U.S. vs Moylan, 417 F 2d 1002, 1006 (4th Cir. 1969); U.S. v. Krzyske, 836 F.2d 1013 (6th Cir. 1988) ("the jury asked the judge about jury nullification. The judge responded, "There is no such thing as valid jury nullification." The jury convicted the defendant. On appeal, the ...


3

The question entangles two concepts that are not identical. The standard of recovery for malpractice is negligence. Negligence could involve omissions. But, it could also involve positive acts, for example, introducing evidence or asking a question at trial or making an objection that is unintentionally harmful to the client that a reasonably competent ...


3

Many states have laws providing for a residence for their governors, but I know of no state that mandates the use of those homes. Oregon's previous governor, for instance, lived in Portland rather than the governor's mansion, Mahonia Hall. Some cities do the same. In New York City, Mayor Bill De Blasio lives at Gracie Mansion, but Mike Bloomberg never did. ...


2

In the United States, this is a matter of state law and is not uniform. The common law rule under English law (which the English themselves later codified) (see also here) and the majority rule in U.S. states is that defamation actions do not survive the death of the party that is defamed (although a judgment secured at the conclusion of a defamation action ...


2

The relevant law is Section 2 of the Sherman Antitrust Act of 1890. The elements for contravening it are: the possession of monopoly power in the relevant market; and the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident. Google is not ...


2

For a government agency at the state or local level, the aggrieved party would bring an action under 42 U.S.C. 1983, which allows for relief from anyone who deprives another person "of any rights, privileges, or immunities secured by the Constitution and laws." If the offending party is a private entity, you would most likely bring an action under ...


2

Probably not illegal and definitely not a "bribe" in the sense of criminal bribery (which must involve some official action or refraining from official action). Access can be legally conditioned on payment of money in many cases, even though it can't be for the politician's personal (as opposed to his or her campaign fund's) benefit. (I don't rule ...


2

The jury does not get to decide what the law is The jury is the trier of fact and they get told what the law is by the trier of law: the judge. The New Jersey law quoted says as much - the defence can tell the jury they can “judge the facts and the application of the law in relation to the facts” - they don’t get to decide what the law is. Counsel can and do ...


2

No There are many ways for classified information to be disclosed that do not involve a violation of the law. For example, classified information could be left in a filing cabinet which is sold at auction to a national broadcaster - as happened in Australia. While careless and embarrassing, it’s not illegal for the government to sell its secrets on the open ...


1

There is a concept of implicature that says that meaning is conveyed not only by the meanings of the words, but by the circumstances that are likely to cause someone to utter those words. There is nothing in the literal meanings of the words that says that the witness is lying. Your belief that it conveys that seems to be based on implicature: the judge ...


1

Additional Conditions For Successful Appeals An erroneous conclusion of law is a starting point. And, usually at least one of the lawyers for the defendant, often a "second chair" junior lawyer when there is more than one lawyer, keeps of running list of potential appellate issues during the course of a criminal case and trial, to review in the ...


1

I don't know of any jurisdiction in the United States that recognizes any difference between the two. It's not a particularly useful distinction, largely because the range of potential malpractice or misconduct is so wide. A lawyer arguably commits misconduct with a sin of commission both when he solicits an appreciative client (resulting in no discernible ...


1

Whether or not OneKeyVisda is "legit" is not a legal question. The law as it pertains to visas is. This is the applicable regulation. The applicant must be "accepted for attendance for the purpose of pursuing a full course of study" etc, and (iii) The alien, unless coming to participate exclusively in an English language training program,...


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