Use immunity definition

Use immunity means that, while the government may prosecute witness for offences related to subject matter of witness’ testimony, the witness’ testimony itself and any fruits there from, may not be used against witness in any criminal case except prosecution for perjury arising out of testimony. “Use immunity” should be differentiated from “transactional immunity” which provides complete protection from prosecution for certain criminal acts. In theory a person given “use immunity” could still be prosecuted for a crime he testified about, if the prosecutor had independent evidence that was not derived from the immunized testimony. See, U.S. v. Apfelbaum , 445 U.S. 115 (1980). Such prosecutions are rare.
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Use immunity means that the in-court testimony, statements made in the course of court ordered psychological evaluation or treatment program, records, documents or other physical objects produced by a respondent who has been granted use immunity status by the court shall not be used against that respondent in a criminal prosecution.
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Use immunity means that the in-court testimony, statements made in the course of court
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Examples of Use immunity in a sentence

  • Use immunity provides that anything the officer says under the grant of immunity, and any evidence derived from their statements, cannot be used against him or her in a criminal proceeding (except for perjury or false swearing if the information is not truthful).

  • If a sample is to be taken by some state body other than the CAS, than authorized customs authority should take it on its behalf.

  • Under federal law and the law of most states, individuals who testify in a grand jury proceeding receive “use immunity.” Use immunity means that any testimony given by a witness or any evidence derived from that testimony may not be used against the witness in a criminal proceeding.

  • Use immunity “prohibits the prosecutorial authorities from using the compelled testimony in any respect, and it therefore [e]nsures that the testimony cannot lead to the infliction of criminal penalties on the witness.” State v.

  • NEGATIVE DECLARATION The Director of the Community Development Department for the City of Davis, California, a municipal corporation, has determined that the project described below and further defined and discussed in the environmental checklist / initial study will not have a significant effect on the environment.

  • This section does not preclude a person from applying to any court of competent jurisdiction or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.(e) Use immunity procedure.

  • Use immunity precludes the government from using the statements of interviewees, or information developed from those statements (their fruits), in criminal proceeding against them.

  • Use immunity, which prohibits the use of information provided by a person from being used against that person.

  • Use immunity conferred to a witness in SEC investigations will not, however, shield that witness from liability in civil proceedings.The SEC can still bring civil or administrative proceedings against the witness based upon the immunized testimony.

  • Use immunity is the more common of the two types, and IG investigators are likely to work with only this type.

Related to Use immunity

  • Joint Know-How has the meaning set forth in Section 8.1.2.

  • Intellectual Property Claim any claim or assertion (whether in writing, by suit or otherwise) that a Borrower’s or Subsidiary’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other Property violates another Person’s Intellectual Property.

  • Background Intellectual Property means all Intellectual Property introduced and required by either Party to give effect to their obligations under this Agreement owned in whole or in part by or licensed to either Party or their affiliates prior to the Commencement Date or developed after the Commencement Date otherwise pursuant to this Agreement;

  • right of use means any right we have to use, in our own name and on our own account or the account of another counterparty, financial instruments received by us by way of collateral under a security collateral arrangement between you and us;

  • Joint Intellectual Property means, collectively, Joint Know-How and Joint Patents.

  • Licensee Know-How means all Information that is: (a) Controlled by Licensee or its Affiliates as of the Effective Date or during the Term that is not publicly known, even though parts thereof may be known, and (b) necessary to develop, make, have made, use, sell, offer to sell, have sold, import or export the Product. “Licensee Know-How” does not include Licensee Patent Rights.

  • Foreground Intellectual Property means all Intellectual Property developed by either Party pursuant to this Agreement;

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

  • Named User License means the Metric and Licensed Level applicable to each Named User.

  • Background Intellectual Property Rights means Intellectual Property Rights owned, controlled or furnished by either Party other than Foreground Intellectual Property Rights.

  • Licensed Know-How means all Know-How that (a) is Controlled by Pfizer or any of its Affiliates as of the effective date of the Pfizer-MPP Agreement, (b) directly relates to the use of the Compound, Product or Licensed Product in the Field, and (c) is not in the public domain or otherwise generally known. For the avoidance of doubt, (i) Licensed Know-How shall not include any Know-How to the extent solely and directly related to any other Pfizer compound or to the extent related to the use of the Compound, Product or Licensed Product outside the Field and (ii) Licensed Know-How includes only that Know-How, designated by Pfizer in its sole discretion, necessary for the manufacture, registration and commercialization of the Compound and/or Licensed Product for use in the Field. For the avoidance of doubt, Licensed Know-How excludes any Know-How related to ritonavir that has been (either as of the Effective Date or at any time during the term of this Agreement) in-licensed by Pfizer from any Third Party.

  • Collaboration Know-How means all Know-How conceived, discovered, developed or otherwise made by or on behalf of a particular Party or any of its Affiliates or permitted subcontractors of any of the foregoing (solely or jointly by or on behalf of a particular Party or any of its Affiliates or permitted subcontractors of any of the foregoing) in the course of [***].

  • Licensee Improvements means Improvements created, conceived, or reduced to practice by or for Licensee.

  • Contractor Intellectual Property means any intellectual property owned by Contractor and developed independently from the Services.

  • Third Party Intellectual Property Rights means any Intellectual Property owned by a third party.

  • Licensee Patents means all of the Patents Controlled by Licensee, its Sublicensees, or any of its or their respective Affiliates as of the Effective Date or during the Term that are necessary (or, with respect to patent applications, would be necessary if such patent applications were to issue as patents) for the Exploitation of a Licensed Product in the Field in the Territory.

  • Licensed Intellectual Property means Intellectual Property licensed to the Company pursuant to the Company IP Agreements.

  • Joint Intellectual Property Rights means any work under the Subcontract, which:

  • Subject of a Clinical Trial means the health care service, item, or drug that is being evaluated in the Approved Clinical Trial and that is not a Routine Patient Cost.

  • CREFC® Intellectual Property Royalty License Fee With respect to each Mortgage Loan (including any REO Mortgage Loan) and for any Distribution Date, the amount accrued during the related Interest Accrual Period at the CREFC® Intellectual Property Royalty License Fee Rate on, in the case of the initial Distribution Date, the Cut-Off Date Balance of such Mortgage Loan and, in the case of any subsequent Distribution Date, the Stated Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date in the related Interest Accrual Period; provided that such amounts shall be computed for the same period and on the same interest accrual basis respecting which any related interest payment due or deemed due on the related Mortgage Loan is computed and shall be prorated for partial periods. For the avoidance of doubt, the CREFC® Intellectual Property Royalty License Fee shall be payable from the Lower-Tier REMIC.

  • Company Licensed Intellectual Property means all Intellectual Property that is licensed to the Company or a Subsidiary by any third party.

  • Business Intellectual Property means the Licensed Intellectual Property and the Owned Intellectual Property.

  • Project Intellectual Property means the legal rights relating to inventions (including Subject Inventions as defined in 37 CFR 401), patent applications, patents, copyrights, trademarks, mask works, trade secrets, and any other legally protectable information, including computer software, first made or generated during the performance of this STTR Agreement.

  • Background IPR means any Intellectual Property Rights (other than Project IPR) belonging to either party before the Commencement Date or not created in the course of or in connection with the Project;

  • Business Intellectual Property Rights means (a) the Intellectual Property Rights owned or licensed by the Group Companies and (b) any other Intellectual Property Rights owned or licensed by Seller or any of its other Subsidiaries and used solely in the conduct of the Business.

  • Licensor Know-How means any and all Know-How that (a) is Controlled by Licensor or any of its Affiliates as of the Effective Date or at any time thereafter during the Term and (b) pertains to the Manufacture, use or sale of Licensed Products, including Research Inventions (other than Research Patents).