Criminal Law. 1. Felony
Criminal Law. Enforcement—(1) Ex- emption. Under the authority granted by 5 U.S.C. 552a(j)(2), Ex-Im Bank here- by exempts the system of records enti- tled ‘‘EIB–35—Office of Inspector Gen- eral Investigative Records’’ from the provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d)(1) through (4), (e)(1) through (3), (e)(4)(G) and (H), (e)(5), (e)(8), (f), and
(g) because the system contains infor- mation pertaining to the enforcement of criminal laws. ‘‘EIB–35—Office of In- xxxxxxx General Investigative Records’’ is maintained by the Ex-Im Bank Of- fice of Inspector General (‘‘OIG’’ or ‘‘Ex-Im Bank OIG.’’)
Criminal Law. Each Party shall indemnify, defend and hold harmless Client in respect of any and all Losses incurred or suffered by or made against any of them and whether, wholly or in part, resulting directly or indirectly from or connected in any way with any investigation, prosecution, claim or allegation that OAS, OAS Affiliate or Approved Sub-Contractor has breached any Regulations, or any obligations of OAS under this Agreement which cause or contribute to any breach of any Regulations by Client, whether or not such Losses were foreseeable at the date of entering into this Agreement or a Statement of Work (as the case may be).
Criminal Law. 295. The autonomous Bougainville Government will have power to:
a. create and set penalties for offences incidental to the exercise of its agreed powers and functions; and
b. amend the Summary Offences Act and all other laws relating to criminal law as they apply in Bougainville, or to make equivalent laws of its own (the Criminal Code may only be amended as provided in the next paragraph).
Criminal Law. A justification defense for a person who acts in an emergency that he or she did not create and who commits a harm that is less severe than the harm that would have occurred but for the person's actions. • For example, a mountain climber lost in a blizzard can assert necessity as a defense to theft of food and blankets from another's cabin. — Also termed choice of evils; duress of circumstances; lesser-evils defense. See lesser-evils defense under DEFENSE(1). [Cases: Criminal Law 38. C.J.S. Criminal Law §§ 49–53.] 2.Torts. A privilege that may relieve a person from liability for trespass or conversion if that person, having no alternative, xxxxx another's property in an effort to protect life or health. “In some cases even damage intentionally done may not involve the defendant in liability when he is acting under necessity to prevent a greater evil. The precise limits of the defence are not clear, for it has affinities with certain other defences, such as act of God, self-help, duress, or inevitable accident. It is distinguishable from self-defence on the ground that this presupposes that the plaintiff is prima facie a wrongdoer: the defence of necessity contemplates the infliction of harm on an innocent plaintiff. The defence, if it exists, enables a defendant to escape liability for the intentional interference with the security of another's person or property on the ground that the acts complained of were necessary to prevent greater damage to the commonwealth or to another or to the defendant himself, or to their or his property. The use of the term necessity serves to conceal the fact that the defendant always has a choice between two evils. This is what distinguishes the defence of necessity from that of impossibility.” R.F.V. Xxxxxxx, Xxxxxxx on the Law of Torts 493 (17th ed. 1977). manifest necessity.A sudden and overwhelming emergency, beyond the court's and parties' control, that makes conducting a trial or reaching a fair result impossible and that therefore authorizes the granting of a mistrial. • The standard of manifest necessity must be met to preclude a defendant from successfully raising a plea of former jeopardy after a mistrial. [Cases: Double Jeopardy 99. C.J.S. Criminal Law § 230.] military necessity.See MILITARY NECESSITY. moral necessity.A necessity arising from a duty incumbent on a person to act in a particular way. physical necessity.A necessity involving an actual, tangible force that compels a person to act in a particular way....
Criminal Law. Arrest and Control Techniques;
Criminal Law. Information on criminal conduct shall be turned over to law enforcement officials. (See EBC)
Criminal Law. O304(1) In RFRA challenge to prosecution un- der Bald and Golden Eagle Protection Act, Court of Appeals would not take judicial notice of facts contained in newspaper arti- cle that golden eagles had recently been killed by power lines in Wyoming, inas- much as such facts did not satisfy require- ment that judicially noticed fact be either generally known within territorial jurisdic- tion of trial court or capable of accurate and ready determination by resort to sources whose accuracy could not reason- ably be questioned. Bald and Golden Ea- gle Protection Act, § 1, 16 U.S.C.A. § 668(a); Religious Freedom Restoration Act of 1993, § 3(a), 42 U.S.C.A. § 2000bb– 1(a); Fed.Rules Evid.Rule 201(b), 28 U.S.C.A.
Criminal Law. Special Part. According to the New Criminal Code. 2nd Ed. Bucharest: Universul Juridic. Buys, C. G. (2013). Reflections on the 50th Anniversary of the Vienna Convention on Consular Relations. Southern Illinois University Law Journal, vol.38, 57-72. Consular Functions. (1965). In B. Sen, A Diplomat’s Handbook of International Law and Practice (pp. 227-244). The Hague, Netherlands: Springer Netherlands Xxxxxxxx Xxxxxxx. Dobrinoiu, V., Pascu, I., Hotca, M., Chiş, I., Gorunescu, M., Păun, C., Sinescu, M. (2012). Noul Cod penal, comentat, Partea specială, Vol II/The new Criminal Code, commented, Special Part, Vol II. Bucharest: Universul Juridic .
Criminal Law. The Law of Contract
