JURIST

JULY 2, 2024

Fraser Ellis , an independent MP representing the Narungga electoral district in the South Australian House of Assembly, was found guilty of four counts of deception in breach of s 139 of the Criminal Law Consolidation Act (SA) , for fraudulent use of the Parliamentary Country Members Accommodation Allowance.

Court Rules 104

Court Rules Court Criminal Law Legal 104

JURIST

OCTOBER 1, 2024

In 2001, the court found Aldo Zuccolillo guilty and sentenced him to the payment of a fine, to which he appealed. The Appeals court changed the sentence in 2002 and sentenced Zuccolillo to a heavier fine.

Criminal Law 198

Criminal Law Legal Legal Court Rules 198

JURIST

MARCH 29, 2021

The California Supreme Court ruled Thursday that keeping people in jail based solely on their inability to post bail is unconstitutional. The purpose of bail is to protect the public interest and to assure that those who are released from jail will return to court.

Court Rules 80

Court Rules Court Legal Legal 80

JURIST

NOVEMBER 8, 2022

This deviation from the standard 12-person jury was permitted by the 1970 US Supreme Court ruling in Williams v. Justices Gorsuch and Kavanaugh dissented to the court’s denial.

Felony 249

Felony Court Court Rules Criminal Law 249

JURIST

OCTOBER 24, 2021

The Court on Friday concluded that email services are different from conventional telecommunication providers in Switzerland, and thus, should not be subject to the same kinds of data storage requirements.

Government 197

Government Data Management Technology Court Rules 197

JURIST

APRIL 23, 2021

.” In January, a different panel of judges at the same court excluded the application of the principle where crimes against humanity and war crimes are concerned, and ordered the Japanese government to award about $90,000 each to the 12 plaintiffs in that suit.

Court 212

Court Government Court Rules Legal 212

The Crime Report

JUNE 11, 2021

The Supreme Court ruled Thursday that prior convictions for crimes of reckless violence aren’t sufficient to trigger additional years of imprisonment for felons convicted of gun possession, reports the Wall Street Journal. Lower courts rejected his argument, and he was sentenced under the career-criminal law.

Criminal Law 111

Criminal Law Court Rules Court Laws 111

JonathanTurley

JUNE 20, 2024

Ojibway (8 Criminal Law Quarterly 137 (1965-66)), a Canadian indigenous tribe member puts down a suffering horse but is then charged under a criminal provision for shooting a bird under the Small Birds Act (R.S.O.). In Regina v.

Court Rules 63

Court Rules Statute Court Construction 63

JURIST

APRIL 5, 2022

Dwyer appealed to the Irish Court of Appeal and argued that traffic and location data of his phone calls were improperly admitted as evidence at trial. Dwyer separately initiated a civil action in Ireland’s High Court challenging a 2011 Irish data law on the basis that it violated EU law.

Data Management 104

Data Management Court Court Rules Laws 104

SCOTUSBlog

JUNE 28, 2022

The opinion is a victory for physicians prescribing innovative treatments that they believe serve legitimate medical purposes, and it should assuage concerns about a ruling that could have chilled more doctors from prescribing needed pain treatments. The case, Ruan v.

Mens Rea 100

Mens Rea Government Criminal Law Statute 100

JonathanTurley

NOVEMBER 14, 2021

Criminal laws are supposed to be interpreted narrowly. It is called the “rule of lenity” and has been around in the English system for centuries. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

Statute 59

Statute Misdemeanor Criminal Law Felony 59

Paralegal Bootcamp

NOVEMBER 28, 2023

Criminal law is a big thing. What I’m hearing from a compliance perspective is this would be similar to a paralegal role where you’re constantly looking up what’s the court rule or how can we follow it to the letter? The biggest thing with compliance is what is the intent of the law. Yes and no.

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Paralegal Paralegals Personal Injury Healthcare 226

JonathanTurley

JANUARY 8, 2022

Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. We have seen other Democratic leaders use the criminal process in similarly reckless fashions. Indeed, this seems like an effort to evade the constitutional limits placed on incitement crimes by the courts.

Misdemeanor 59

Misdemeanor Criminal Law Laws Court 59

JURIST

NOVEMBER 3, 2023

The post Canada Supreme Court rules mandatory minimum sentencing for child luring unconstitutional appeared first on JURIST - News. She iterated that Parliament has the autonomy to prioritise denunciation and deterrence, as long as it does not completely exclude rehabilitation.

Court Rules 260

Court Rules Court Constitutional Law Criminal Law 260

SCOTUSBlog

FEBRUARY 24, 2022

Justice Sonia Sotomayor asked Kimberly if there was an “easy fix” for the tribe and the federal government to avoid double jeopardy problems in future cases in the event that the Supreme Court rules in favor of Denezpi. Kimberly responded that there are two easy fixes, both of which, he asserted, respect tribal sovereignty.

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Government Court Laws Attorney 86

Conflict of Laws

JUNE 17, 2022

The Court ruled that since neither panel was conferred governmental authority, § 1782 discovery would be inappropriate in both instances. Justice Barrett, writing for a unanimous Court, adopted a textual approach to the question.

Statute 52

Statute Court Criminal Law Court Rules 52

LegalTalkNetwork

JULY 3, 2019

Florida Bar President John Stewart sits down with host Laurence Colletti for a conversation about his journey to leadership, emphasis on technology, and upcoming objectives including a new pilot program with the Supreme Court of Florida to evaluate current court rules. MyFloridaBar pic.twitter.com/T6FRVCwELH.

Bar Exam 52

Bar Exam Technology Education Attorney 52

JonathanTurley

JANUARY 13, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

Tort 59

Tort Court Rules Court Constitutional Law 59

JonathanTurley

MARCH 13, 2021

Courts have upheld the right of citizens to insult police, which is an unfortunate aspect of policing. Thus, in 2015, the Washington Supreme Court ruled that police could not arrest a 17-year-old who called them “pigs.”

Court Rules 43

Court Rules Court Laws Constitutional Law 43

JonathanTurley

MARCH 6, 2023

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S.

Court Rules 35

Court Rules Court Drafting Laws 35

JonathanTurley

NOVEMBER 23, 2022

The new law created a target rich environment for new challenges. Nigrelli : where the court ruled that the private property exclusion violates the Second Amendment. The state might have been able to reinforce an important right of private business owners to exclude guns with a reasonable drafting of the law.

Laws 58

Laws Court Entertainment Sports 58

Conflict of Laws

MARCH 30, 2021

At first instance, the Singapore High Court ruled against all three defendants. Joseph did not appeal, but Jonathan and Derek did, arguing, inter alia , that Foster barred Lyu’s non-contractual claims against them because Chinese law prohibited their transaction.

Laws 52

Laws Contract Tort Government 52

JURIST

AUGUST 7, 2024

Sara Sandford, Attorney and former Chair of the ILS, stated that “the American Bar Association stood up for the rule of law and protection of human rights” by adopting the resolution. Speaking to JURIST, Regina M.

Criminal Law 288

Criminal Law Attorney Court Rules Laws 288

MyCase

AUGUST 1, 2022

This is particularly helpful for law firms in practice areas with a high volume of client appointments and court appearances, such as criminal law and family law. . For example, you’re covered if you and your team members schedule dozens of client appointments and numerous court appearances every month.

Law Firm 52

Law Firm Law Firms Lawyer Lawyers 52

JonathanTurley

MAY 12, 2021

.” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

Statute 39

Statute Misdemeanor Court Rules Court 39

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

Tort 39

Tort Court Compensatory Damages Entertainment 39

JURIST

FEBRUARY 22, 2023

The US Supreme Court Wednesday granted a request by death row inmate John Cruz for post conviction relief from his 2005 death sentence. In an opinion by Justice Sotomayor, the court ruled that the Arizona Supreme Court incorrectly held that the 2016 case Lynch v.

Court Rules 196

Court Rules Court Laws Criminal Law 196

JURIST

APRIL 21, 2022

In the 1993 case of Brecht , the US Supreme Court said the test for a grant of habeas relief should be determined by whether the defendant suffered actual prejudice from a state-court error. Kagan described the majority holding as an unnecessary barrier to habeas courts and the parties before them.

Court Rules 104

Court Rules Court Laws Criminal Law 104

Conflict of Laws

FEBRUARY 13, 2024

The Lafarge case highlights the stakes of transnational criminal law and its interplay with private international law. Interactions between criminal jurisdiction and conflict of laws. A flexible interpretation including foreign law would lead to a (too) broad extension of French courts’ criminal jurisdiction.

Litigation 75

Litigation Litigating Court Rules Laws 75

Conflict of Laws

AUGUST 3, 2023

22 CSDDD by means of universal civil jurisdiction for human rights violations, which could be developed analogously to universal jurisdiction under criminal law, appears similarly unpromising; it would also go further than necessary. The proposal to enforce claims under Art.

Drafting 52

Drafting Diligence Procedural Law Court 52

JURIST

APRIL 30, 2024

” examining the detrimental effects of General Zia’s implementation of Islamic criminal law on marginalized groups, and “Children of a Lesser God,” shedding light on the plight of child prisoners in Pakistani jails.

Lawyer 197

Lawyer Lawyers Legal Legal 197

SCOTUSBlog

MARCH 19, 2024

A federal appeals court ruled that Gonzalez’s case could not go forward because she had not provided examples of others who had engaged in the same kind of conduct but had not engaged in protected speech and had not been arrested.

Government 124

Government Court Felony Laws 124

JURIST

APRIL 25, 2022

” The Pennsylvania Supreme Court ruled that the such a statutory scheme constitutes “compelled submission to general jurisdiction by legislative command” and violates the Constitution. Mallory appealed to the Supreme Court for review.

Statute 196

Statute Court Court Rules Criminal Law 196

JonathanTurley

JULY 7, 2021

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. That should have made him ineligible.

Court Rules 57

Court Rules Punitive Damages Court Government 57

JURIST

APRIL 9, 2024

This law was part of the Howell Code , a comprehensive set of laws enacted by the territory’s First Legislative Assembly, encompassing procedural regulations and establishing criminal laws ranging from bigamy to duels to mayhem. The 2022 ruling Dobbs v.

Laws 249

Laws Court Statute Criminal Law 249

SCOTUSBlog

JANUARY 14, 2022

The court turned him down, but Justice Samuel Alito penned a statement regarding that denial that was joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh. Alito wrote that Kennedy’s free-speech claim raised important issues, and he suggested the case may warrant review in the future. A panel of the U.S.

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Court Criminal Law Education Court Rules 110

SCOTUSBlog

MAY 23, 2022

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

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Court Statute Lawyers Lawyer 145