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Knowledge (legal construct) In law, knowledge is one of the degrees of mens rea that constitute part of a crime. For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent (TWOC) requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by ...
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
The degree of knowledge which the defendant had about the probability and likely magnitude of harm to the plaintiff. [10]: p 230–1 Special rules exist for the establishment of duty of care where the plaintiff suffered mental harm, or where the defendant is a public authority. [12]
The prosecution has the legal burden of proof beyond reasonable doubt that the defendant exceeded the legal limit of alcohol and was in control of a motor vehicle. Possession of the keys is usually sufficient to prove control, even if the defendant is not in the vehicle and is perhaps in a nearby bar.
The defendant who fails to realize the substantial risk of loss to the plaintiff/claimant, which any reasonable person [objective, Which is totally based on ground facts and reality without any personal prejudice or point of view.] in the same situation would clearly have realized, also breaches that duty.
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations ...
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case which held that plaintiffs must present a "plausible" cause of action. Alongside Bell Atlantic Corp. v. Twombly (and together known as Twiqbal), Iqbal raised the threshold which plaintiffs needed to meet. Further, the Court held that government officials are not ...
Competency evaluation (law) In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process. Competency was originally established by the Supreme Court of the United States as the evaluation of a defendant's competence to proceed to ...