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[17] [18] Case law of the Speedy Trial Act is found in 16 ALR 4th p. 1283 et seq. [8] [19] A defendant's rights under the Speedy Trial Clause of the Sixth Amendment are triggered by "either a formal indictment or information or else the actual restraints imposed by arrest and holding (imprisonment) to answer a criminal charge." [20] In the 1972 ...
Also called incidentalia (Roman-Dutch law). One of three types of contractual terms, the others being essentialia negotii 'core terms' and naturalia negotii 'implied terms'. actus iuridicus: legal act 1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In ...
The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. [5] Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction.
In Victoria, bail may be refused to a defendant who faces a more serious charge unless the defendant demonstrates compelling reasons why bail should be granted. [8] Compelling reasons may generally be established by demonstrating that jail is an unlikely outcome for the charge, or that bail conditions can be imposed that make re-offending unlikely.
The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
Sentencing law sometimes includes cliffs that result in much stiffer penalties when certain facts apply. For instance, an armed career criminal or habitual offender law may subject a defendant to a significant increase in their sentence if they commit a third offence of a certain kind. This makes it difficult for fine gradations in punishments ...
There were certain defects in detinue sur trover. Wager of law was a possible defense in certain kinds of cases. Wager of law involved the use by a defendant of witnesses, some of whom may have had no knowledge of the case to testify. If a large number of these "witnesses" testified, the defendant would prevail. It was a form of sanctioned perjury.