Statute

Again conceding that the majority of courts reject a jurisdictional view of the statute of limitations, Petitioner nonetheless argued that primary policy consideration underlying the statute, which is to limit the government’s power to prosecute citizens for crimes that are based on untimely indictments, counseled in favor of adopting the jurisdictional approach. Additionally, the federal statute prohibited Article III courts from imposing punishment “when the prerequisite of timely indictment…

Amending the statute of sexual assault A practical solution to the issue of incorporating sex by deception in criminal law would be the addition of an offence between in severity of rape and sexual assault in the Sexual Offences Act 2003. For adults, the 2003 Act only distinguishes between cases of rape, assault by penetration, and sexual assault. The Offences Against the Person Act 1861 clearly distinguishes different levels of assault ranging from common assault to assault inflicting grievous…

appellate court held that a promise to pay the debt of another is subject to the statute of frauds, because the employer promised to pay for the employee's care before the debt came into existence, the employer's promise to pay was not subject to the statute of frauds and that the health care provider's complaint was improperly dismissed by the trial court. The rule that is being applied in this case are the statute of frauds which requires that certain types of contracts be in a particular form…

Tennessee statutes provide domestic violence victims with greater protection than their counterparts by mandating police perform certain functions in domestic violence arrests. However, Tennessee's mandatory detention statute did not withstand probe in court. In Hudson v. Hudson, the Sixth Circuit Court of Appeals noted that officials might assert a qualified immunity defense when performing discretionary, without ministerial, functions. (Scott, 2008) Tennessee mandatory arrest statute required…

critical components of their contract were recorded. Numerous factors warrant liability on the part of Vista Apartments to the loss and injuries sustained by Parker. These factors are limited to negligence and a breach of the applicable tenant-landlord statutes that regulate lease and rental agreements within Florida. In some instances, the tenant-landlord lease agreement between Vista Apartments, Inc. and Parker clears the former of some wrongdoings. These wrongdoings are mainly based on the…

There are two sources of law in the United States, primary and secondary. Primary sources consist of both Federal and State Constitutions, Federal and State statutes, administrative rules, case laws. Primary sources of law are defined as “the sources that provide the actual law” (pg. 588). Another source of the law are secondary sources. Secondary sources consist of legal dictionaries, legal encyclopedias, legal forms books, periodicals, digests, treatises, and citators. Secondary sources are…

Once the statute of limitations expires, then probable cause no longer exists; therefore, the individual cannot be arrested. The statute of limitations limits the amount of time that a prosecutor can have before they begin criminal proceedings (Hayes, n.d.). It is important to note that the statute of limitations does vary depending on the state in which the criminal act has occurred and it varies depending on the crime itself. Therefore, if the crime was severe enough, the statute of…

make. While drinking and driving you can take someone else’s life, yours, or cause other types of damage’s and accidents. Therefore, that is why there were a variety of laws made not only to protect you, but also other bystanders on the road. The statute for example two is operating a motor vehicle while under the influence. If an individual is caught and convicted of a DUI then there are a variety of consequences they may have to face. The first offence they must spend a year or 180 days in…

shall enact all laws necessary to carry into effect the provisions of this constitution” (North Dakota Constitution). This is the basis for statutory law in North Dakota and all these statutes can be found in the North Dakota Century Code. The legislative branch is the branch of government that enacts these statutes that describe a direction the legislature wants the government to follow. If any statues passed by the legislature are…

The issue is whether erecting of clothesline of ten-foot rope to two seven-foot poles on the property line constitutes a private nuisance under Rhode Island “spite-fence” statute if a neighbor’s overview of mountains was obstructed whenever cloths were hung on the line to dry. A fence or other structure in the nature of a fence which unnecessarily exceeds six feet (6') in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property,…