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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

  • This section does not preclude a person from applying to district court or a court of another state for relief from a request to appear, testify, file a statement, produce records, or obey a subpoena.5. Use immunity procedure.

  • 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 protects a witness only against the actual use of the compelled testimony and evidence derived directly or indirectly from such testimony.” State v.

  • Use immunity, thus, makes the prosecution of future crimes more difficult or less likely, not impossible.

  • Use immunity, conferred by the judge on a witness who refuses to testify, prohibits a witness’ compelled testimony and its fruits from being used in any manner in connection with the criminal prosecution of the witness except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

  • 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 not the same as transactional immunity, which would bar a prosecutor from charging you with the crime that is the subject of your statements.

  • Subsection 83.28(10) provides “use immunity” and “de- rivative use immunity.” Use immunity operates to compel the witness to an- swer, but then guarantees that the answers provided will not be used as evidence of guilt against that witness if he or she is ever prosecuted.

  • Use immunity does not limit the right of the agency to impose administrative discipline as appropriate.Note: There is no mandatory requirement to provide bargaining unit employees with this document during an administrative investigation unless the employee requests it.

  • Use immunity is a limited form of immunity for the testifying witness.

Related to Use immunity

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

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • 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 individually and collectively all Intellectual Property which is conceived and/or made jointly by one or more employees of University and by one or more employees of Sponsor in performance of the Sponsored Project.

  • Licensee Know-How means all Information and Inventions Controlled by Licensee or its Affiliates (other than the Takeda Know-How and Joint Know-How) during the Term that are necessary to Exploit a Licensed Compound or a Licensed Product. Licensee Know-How excludes any Information contained within or Inventions Covered by a published Licensee Patent Right.

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

  • Third Party Intellectual Property means any intellectual property owned by parties other than Grantee or Agency.

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

  • Background Intellectual Property Rights means any Intellectual Property Rights, other than Foreground Intellectual Property Rights, that are used in the course of or in connection with the provision of the Services;

  • Licensed Know-How means any and all unpatented and/or non-patentable technical data, documents, materials, samples and other information and know‐how that is Controlled by LICENSOR or any of its Affiliates as of the Effective Date or thereafter during the Term that relates to, or is otherwise reasonably necessary or reasonably useful for, the use, Development, manufacture, or Commercialization of the Product. Licensed Know-How shall not include Licensed Patents.

  • 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 any improvement, enhancement, modification, derivative work or upgrade to any of Licensor Patent Rights made, conceived, reduced to practice, affixed or otherwise developed by or on behalf of Licensee during the term of this Agreement and solely as exercised under the License.

  • 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 any Patents within the Control of Licensee as of the Effective Date and at any time during the Term relating to the Product.

  • Licensed Intellectual Property means Intellectual Property licensed to the Company or any Subsidiary 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 Intellectual Property Rights owned by any Person (other than a Group Company) that is licensed to any Group Company.

  • Business Intellectual Property means Intellectual Property owned or used in the Business by Seller.

  • Project Intellectual Property means any Intellectual Property created under, or otherwise in connection with the Project.

  • 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;

  • 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).

  • Field of Use means all fields of use.

Most Referenced Clauses

Most Referenced Definitions