Not all wrongful acts are criminal, and not all acts which are not criminal are innocent. |
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The plaintiff began proceedings against the Chief Constable claiming damages for wrongful arrest and false imprisonment. |
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On each, the defendant had urged that he take legal advice in connection with his complaint of wrongful eviction. |
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In addition, the persuasion of the employees to leave was pleaded as wrongful inducement of breach of contract. |
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The applicants have claimed that their removal and detention constituted wrongful imprisonment and deprivation of liberty. |
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The cause of action against the police was malicious prosecution and wrongful imprisonment. |
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The proposed amendment is to add a claim for wrongful dismissal and breach of contract. |
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Not only was there therefore no unfair dismissal but, since there was no dismissal, the claim for wrongful dismissal was also rejected. |
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They were found to have presided over miscarriages of justice that led to wrongful imprisonments. |
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She was released without charge, and sought damages for wrongful arrest and false imprisonment. |
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Such behavior is cruel and wrongful according not only to the law, but to common sense. |
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It used to be impossible to prove that the legal system produces wrongful convictions. |
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Mr Lowe's client is not suing the policemen in these proceedings for wrongful arrest. |
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She argued that their pennilessness had been caused by the insurer's wrongful repudiation of the policy, but the court rejected that argument. |
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As a result, the defendants deny that the plaintiff is entitled to damages for wrongful dismissal. |
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Rather this issue would lie at the very heart of the claim for wrongful, as opposed to unfair, dismissal. |
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First, compensation can only be appropriate where the damage has been caused by the wrongful act. |
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The court found that the repudiation by the owners was wrongful and that the plaintiff was the innocent party. |
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It is worth embarrassing the accuser, to avoid the risk of a wrongful conviction and possibly spare an innocent defendant years in prison. |
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He also claimed damages for wrongful dismissal, mental distress and punitive damages. |
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Similarly, and underpayment of salary in lieu of notice would constitute a wrongful termination and have the same effect. |
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The 42 others were charged with robbery, theft, receiving and concealing stolen goods and wrongful damage to property. |
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Besides torture and ill-treatment, civilian contractors are also accused of involvement in wrongful deaths. |
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There could not be any question of an ouster of the true owner by a wrongful possessor. |
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There's also a limit on how long after a wrongful act a civil action can be commenced. |
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It is the force by which all wrongful things are repelled from us, the sharp prod which spurs the dullards onward. |
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The plaintiff's action includes claims for negligent misrepresentation, constructive dismissal, and wrongful dismissal. |
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The draft report on the wrongful detention of the resident can't be read in it's entirety because sections have been blacked out. |
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I can understand how wrongful reception or rejection of evidence can affect a verdict. |
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It is clear law that tax paid after a wrongful demand may be recovered back by the taxpayer. |
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Is it not the common law that a citizen is entitled to use self-defence in the case of wrongful arrest? |
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The wrongful acts of a previous possessor do not therefore diminish the plaintiff's claim in respect of the wrongful acts of a later possessor. |
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They are also rendered legally immune from any wrongful, illegal and criminal acts the corporation might commit in their search for profits. |
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There has been no determination of wrongful conduct, guilt or liability in the Settlement. |
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In the passage cited above he referred to the defendant's asking the court to sanction his committing a wrongful act. |
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It was the wrongful act or omission of the offender which rendered him or her liable, not the unhappy result. |
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It is sufficient that the defendant knew all the facts which made it wrongful for him to participate in the way in which he did. |
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There can be no doubt that certain environmental factors can serve to nurture a wrongful conviction. |
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Damages, in law, money compensation for loss or injury caused by the wrongful act of another. |
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The deciding factor is whether the plaintiff has proven wrongful intrusion into his or her privacy. |
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Between the wrongful conviction of the innocent and the wrongful acquittal of the guilty, the choice should always be, without any hesitation, the latter. |
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Mr Jaura counterclaimed for damages for wrongful termination of the lease. |
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Her appeal was allowed by a majority on the basis that the taped conversations showed the father had acquiesced in the wrongful retention. |
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In April 2005, Vivendi Universal commenced proceedings against DT in the Paris commercial Court, for wrongful termination of negotiations. |
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The right to compensation of the victims of human trafficking has been put in force for all wrongful acts. |
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Defamation is rooted in damage to reputation and breach of confidence in the wrongful divulgence of private information. |
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If upheld on appeal, this case will certainly raise the stakes in many wrongful dismissal cases. |
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This case concerned a wrongful dismissal action by an employee who claimed she was induced by the employer to leave a secure, well-paying job. |
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Henry Fonda's lone sceptic holds firm against 11 angry jurors to prevent a possibly wrongful conviction. |
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But readers should not think that spectacular elements are required before a wrongful conviction can occur. |
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But, to some degree, it likely also reflects a greater likelihood of an initial wrongful conviction. |
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I want to make a significant point: for the first time, a case of wrongful conviction is being considered after the person is deceased. |
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In this way, Crowns will be reminded of the dangers of wrongful conviction and can have ongoing training as new issues arise. |
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He therefore granted Mr. Truscott's application for a wrongful conviction review and referred the case to the Ontario Court of Appeal. |
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When making a decision on a wrongful conviction application, the Minister has three options. |
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In 2000, Prime Minister Tony Blair apologized to the Guildford Four for their wrongful conviction. |
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The inquiries recommended considering an independent review body to investigate claims of wrongful conviction. |
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Most of us will agree that this is the price that we must pay in order to have a system that awards unfairness and wrongful conviction. |
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Several cases of wrongful conviction, especially historic ones, have involved the failure of Crown counsel to disclose evidence to the defence. |
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The need for training has been highlighted in recent years by several high-profile examples of wrongful conviction. |
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There is no wrongful act committed by me, nor are there any suspicions that I have misused public money. |
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Aiding or assisting an internationally wrongful act is itself an internationally wrongful act. |
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The concurrent guilt of the victim of the wrongful act should be taken into account in determining the scope of the reparation. |
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Directors with no such personal involvement in the wrongful act or omission would not be personally exposed to the risk of a lawsuit. |
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Under the present law, a wrongful act or omission causing death can give rise to an action for damages. |
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Many are concerned that it will open up a floodgate of wrongful dismissal claims from employees seeking limitless amounts of damages. |
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The party shall pay compensation for damage arising from his wrongful actions, even if he has not reached the age of discretion. |
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How often do correctional facility employees commit wrongful acts which violate the rights of juvenile offenders? |
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The right of action for wrongful death given by statute for the benefit of a widow for the death of her husband has been held not to be divested by her subsequent marriage. |
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Usually, the mere fact of not foreseeing the possibility of avoidable damage and not doing something to prevent it is wrongful. |
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It would also allow for the exchange of ideas and recommendations for the prevention of wrongful convictions on a national basis. |
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By drawing boundaries against wrongful conduct, law provides a protective zone of freedom within those boundaries. |
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One might say that maybe it was just sour grapes, but in October of 2002 this man was awarded a compensation package for wrongful dismissal. |
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Can an employer be liable for wrongful dismissal damages to an employee who never even started work? |
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The adjudicator, unlike a judge in a common law action for wrongful dismissal, has the power to order reinstatement as a remedy. |
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It permitted the employee to sue for wrongful dismissal, but set a minimum of one month's pay in lieu of notice in any event. |
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It concluded that the trial judge had erred in ruling that Christensen could sue for wrongful dismissal damages. |
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It found that the removal had been wrongful and rejected the mother's arguments that the child would be exposed to a grave risk of harm. |
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The dissenting view was that the father did not have any custody rights and consequently there had not been a wrongful removal or retention. |
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The children were aged 9 and 7 respectively at the date of the alleged wrongful removal. |
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When it is not, the result can lead to unsolved crimes and wrongful convictions. |
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In fact, two of the possible interpretations actually permitted suing for wrongful dismissal. |
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The court resolved the issue of wrongfulness by finding that the mother's continued retention of her daughter to be wrongful. |
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A lawsuit has been initiated against the Company and a subsidiary by a former employee claiming wrongful dismissal. |
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The first principle of ratification in stockbrokerage transactions is that a customer who wishes to take advantage of his broker's wrongful act must repudiate that act. |
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My answer would be, at first impression, that the Patents Act is aimed at protecting patentees from commercial loss resulting from the wrongful infringement of their rights. |
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A conservative estimate suggested that mistaken identification contributed to the wrongful conviction of more than 300 people a year in England and Wales. |
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The book deals with a miscarriage of justice, although it is fictional rather than documental, and involves not wrongful conviction but wholesale coverup. |
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Parents who bring wrongful birth suits seem to face a burden faced by no other plaintiffs in medical malpractice cases. |
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Stone, the relative, and the children's caregiver were sued for negligence and wrongful death. |
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The Innocence Project has done deservedly celebrated work exposing cases of wrongful convictions, chiefly in rapes and homicides. |
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The kind of verbal threats the civil law considers wrongful are those that unconditionally threaten immediate bodily harm. |
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The claimant brought an action for wrongful arrest and false imprisonment. |
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No doubt, there are wrongful convictions that result from misidentification and coerced confessions. |
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All of those identified by the complainant denied any knowledge of wrongful conduct by the associate coach. |
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Interestingly, some jurists even asserted that judges who rely on a coerced confession in a criminal conviction are to be held liable for the wrongful conviction. |
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They could not sue for emotional distress, damages for which can only be won in a wrongful life suit. |
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The plaintiff's case was for wrongful arrest upon a breach of peace. |
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Opposition to both wrongful birth suits and wrongful life suits comes from an unusually wide array of the political spectrum. |
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Nevertheless, the family of the little girl sued the company for wrongful death. |
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Pasadena police face a wrongful death suit in the shooting of Kendrec McDade. |
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For another thing, once plates have been made, though for the most innocent purpose, they may pass into wrongful hands and be put to a wrongful purpose by persons who would not be able to produce the plates themselves. |
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The complaints reaching an Ombudsman cover a bewildering variety of subjects, running the gamut of human error from mere pin-pricking annoyances to complaints of wrongful infringement of liberty. |
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Following the exile of Captain Alfred Dreyfus after his wrongful conviction for spying for Germany against France, his wife, Lucie, was portrayed as a bourgeois heroine, the epitome of the dutiful Victorian spouse. |
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The courts are clear that damages in a wrongful dismissal action will be restricted to those flowing from the failure to give reasonable notice, unless there is a separate, actionable wrong, such as slander. |
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These materials should highlight the risks of wrongful conviction associated with in-custody informers and the factors that contribute to their unreliability. |
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What this fails to account for is the possibility of wrongful conviction or other miscarriage of justice, and that there is no appeal from a wrongful conviction. |
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Of particular significance were recommendations made in the area of supervision and training in respect of the frailties of eyewitness identification, an important area of law in the prevention of wrongful convictions. |
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New Zealand has not avoided the specter of wrongful convictions. |
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It may be the last chance to correct a wrongful conviction. |
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See articlePaying for wrong decisionsRenault's chief operating officer stepped down over a scandal surrounding wrongful accusations of corporate espionage. |
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It was not in dispute between the parties that the removal was wrongful. |
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Prosecutors rarely face criminal charges in cases of wrongful conviction. |
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Mr. Warney's wrongful conviction rested on that signed confession. |
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Article 16 makes clear that after notification of a wrongful removal or retention, a judicial or administrative authority must not decide on the merits of rights of custody until the Hague return request has been finalised. |
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Examples of common remedies across different legal systems are an order to pay financial compensation, to cease the wrongful conduct or to provide a correction or right of reply. |
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The applicant concludes that the Commission's abovementioned wrongful acts are the cause of the nervous depression which forced him prematurely to end his career as an official. |
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His 2009 trial took place just months after the UN Working Group on Arbitrary Detention determined that he was a victim of wrongful and arbitrary detention. |
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It may be noted that the return application was processed in a most expeditious manner, with only two months elapsing between the wrongful removal and the appellate hearing. |
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Aggravated damages are awarded for an actionable wrong that is both separate from the breach of contract involved in wrongful dismissal, but that arises from the dismissal itself. |
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On the court docket, the case is merely a wrongful dismissal suit. |
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Acme's liquidator asserts that the pledge of the Beta stock for Ajax's debt was wrongful as against Acme and seeks to recover the Beta stock from Lending Bank. |
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The three could sue for wrongful dismissal. |
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As this report notes, a wrongful conviction is a failure of justice in the most fundamental sense and all participants in the criminal justice system must commit themselves to preventing such miscarriages of justice. |
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Several specialized courses, which incorporate and study some of the individual causes of wrongful conviction, are being conducted by police services and police academies. |
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A recent case demonstrates that, in some circumstances, employers defending wrongful dismissal actions may be able to recoup a significant portion of their legal expenses from the plaintiff employee. |
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The consensual removal of the child to the USA in the Summer of 2001 would suggest that the mother's wrongful act was in fact a retention and not a removal. |
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Regardless of whether he was a late convert or not, a leader or a follower, Chief Justice Lamer ended his career with an important and lasting contribution to preventing wrongful convictions in the future. |
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Various commissions and studies, in Canada and around the world, have provided valuable insight into the systemic causes of wrongful convictions and into what has gone wrong in individual cases. |
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Accordingly, policies and practices aimed at reducing the risk of in-custody informers precipitating wrongful convictions must cut across the entire justice system. |
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Police, prosecutors, defence counsel and the bench must have access to effective educational programming and information about the connections between in-custody informer evidence and the potential for a wrongful conviction. |
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Former game warden Makallah, 49, plans to sue Mr Ward and the Kenyan government for wrongful arrest. |
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L's knowledge that H is married is not a highly suspicious circumstance that would be a sufficient basis to conclude that L purposefully failed to make inquiry in order to avoid wrongful knowledge. |
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Second, the court reinforced the principle that damages in wrongful dismissal cases are meant to compensate for lack of notice and not to penalize the employer. |
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Section 7 of the Bill is particularly noteworthy in view of the fact that the Attorney General's recourse is not limited to instances where there is a wrongful act. |
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Even during the process, they kept on dissimulating their wrongful acts. |
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In response Pope Celestine III excommunicated Henry VI, as he had Duke Leopold, for the continued wrongful imprisonment of Richard. |
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Simpson was held civilly liable in 1997 for wrongful death even after being tried and acquitted in 1995 of murder. |
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The wrongful conviction of the three men has been called one of the most egregious miscarriages of justice in recent times. |
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Zhu Wan's success was short lived, and he was convicted of wrongful executions by his enemies the same year. |
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It is frequently argued that capital punishment leads to miscarriage of justice through the wrongful execution of innocent persons. |
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Recovery of damages is subject to the legal principle that damages must be proximately caused by the wrongful conduct of the defendant. |
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Simpson was acquitted in criminal court of murder but later found liable for the tort of wrongful death. |
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Any fatality caused by the wrongful acts of another may result in a wrongful death claim. |
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In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. |
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To an extent, people can protect themselves from wrongful death lawsuits by having the participants sign a waiver. |
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Such concepts are virtually synonymous for wrongful copying and are in no meaningful fashion distinguishable from infringement of a copyright. |
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It is a flaw in the will of the sinner that makes possible the motion of his sense appetite toward an appetible, yet wrongful, object. |
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It could be a reciprocal action that involves a temporary breach of an international obligation by a State in response to another State's prior wrongful act, in order to secure cessation or reparation. |
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Effectively, the question of wrongful birth has been given legal weight not only in France but also in the United States. |
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The resolution of this question centers in part on the language and intent of each state's wrongful death statute. |
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The other was a wrongful death statute that involved the question of Fourteenth Amendment personhood of the unborn child. |
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For example, in Alabama, only punitive damages are available in cases brought under the state's wrongful death statute. |
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Historically, a certain number of false positives and negative appendectomies is considered acceptable, to prevent missed cases of appendicitis with subsequent wrongful refrainment from treatment. |
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Accordingly, this can only be decided by the court on the basis of its national law, or the law applicable to the wrongful act which is submitted to it by virtue of its system of private international law. |
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It sufficed for this right to be breached to make the removal wrongful. |
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States must not be over-cautious about moving forward in this area since the only concern is to establish the consequences of the internationally wrongful acts and not to provide for a definition of the wrongful act itself. |
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In this regard, it also provides a right of recovery by the State against its agent when the State is ordered to pay damages arising out of wrongful or gravely negligent acts of one of its agents. |
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It is a wrongful restraint of trade and anyway it does not address the underlying cause of anti-social behaviour by a minority. |
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Practice of international organizations concerning reparation for wrongful acts is extensive, although compensation is not seldom granted ex gratia even when it may be due under international law. |
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Second, it must be shown that B's wrongful act is sufficiently related to B's assigned tasks that the wrongful act can be considered to be a materialization of the risks created by A's enterprise. |
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In such cases the maker and users of the reproduction had no intention of passing off the pictures as currency or of making any wrongful use of the negatives or plates used in producing them. |
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Instead of ruling on compensation the judge may replaced it or complement it with other means of redress or condemn the wrongful act and rule on publication of such decision via a press. |
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Ironically, it seems essential for an author whose creative work is stolen and copied to start by proving the plagiarist's wrongful intent in a court of law. |
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In this lack of effort there is not the awareness of having to ask pardon of the common Father and men our brothers, every time that in the course of history our neighbor has suffered from our wrongful actions. |
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The purpose of that legislation was to enable any citizen to prevent the wrongful use of public monies by suing, on the government's behalf, anyone who was defrauding the government. |
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Even if an ordinary person would have lost the power of self-control as a result of the wrongful act or insult this does not necessarily mean that NOA did. |
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Most wrongful conviction applications are based on criminal matters where the prosecution was conducted by one of the provincial Attorneys General. |
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In August 2005, Piresferreira sued Bell and her former supervisor for assault and battery, negligent and intentional infliction of emotional suffering, past and future loss of income, and wrongful dismissal. |
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Several highly publicized cases of wrongful conviction in Canada have strained the credibility of the system and perceptions among the public that it is fair. |
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For example, courts routinely grant an injured party damages in tort for wrongful governmental action such as in the case of trespass, nuisance, assault and battery, wrongful arrest or false imprisonment. |
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Facts about a wrongful conviction may also support a tortious claim for damages, such as false imprisonment, malicious prosecution or misfeasance. |
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Extensive fraudulent schemes which had gone on for many years had been identified at United Nations Headquarters and in peacekeeping missions, with the result that a number of vendors had been debarred for wrongful conduct. |
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However, without a wrongful death statute, most of them are extinguished upon death. |
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It also deals with the question of the wrongful removal of children whose parents are victims of the crime of enforced disappearance, the falsification of the children's identity and their adoption. |
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His conclusion that eyewitness misidentification is the primary reason for wrongful conviction has been confirmed in virtually every study since then. |
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The rules on transfer and the consequences of wrongful transfer could then be written using the same basic concepts as the rules for physical chattels. |
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The Ontario Ministry of the Attorney General responded to the Morin Inquiry by introducing new policies, educational programming and changes to operations, all aimed at further reducing the risk of wrongful conviction. |
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He was opening Bailey's action against the Garda commissioner and state for alleged wrongful arrest, false imprisonment, conspiracy, assault and intentional infliction of emotional and psychological suffering. |
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The specter of wrongful convictions haunts the public officials involved. |
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Jailhouse informants produce so many wrongful convictions that several states have concluded they can no longer be used without more stringent controls. |
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Joshua Marquis, cochair of a district attorney's capital litigation committee, also charges death penalty opponents with inflated statistics on wrongful convictions. |
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In a wrongful birth lawsuit, parents sue a doctor, geneticist or hospital for allegedly failing to perform adequate tests in order to diagnose or prevent a birth defect. |
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The law governing wrongful death actions for the estates of those who die at sea is a baroquely intricate tapestry that interweaves strands of both statutory and common law. |
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Mother can sue doctor for negligent tubal ligation and wrongful birth. |
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An example is the tort of wrongful death, which allows certain persons, usually a spouse, child or estate, to sue for damages on behalf of the deceased. |
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The whole purpose is to right the wrong and if the public believes there was a wrongful exoneration, they might seek to right the wrong extralegally. |
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While the principles laid out in this case have been used in wrongful termination suits, this is the first time they have been applied to lesser grievances such as demotions. |
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This incident implanted a lifelong fear of policemen in Hitchcock, and such harsh treatment and wrongful accusations are frequent themes in his films. |
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Each state has different laws regarding wrongful death claims. |
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A guilty mind means an intention to commit some wrongful act. |
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He sees rightful power as earned and wrongful power as usurped. |
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