Pretrial Dention When a crime is allegedly committed an individual can be taken into custody‚ after the arraignment which is the formal reading of a criminal complaint in the presence of the defandant to inform the defendant of the charges against him or her. In response to arraignment‚ the accused criminal is then excepted to enter a plea. Then the accused may not be able to post bail/bond or even be denied realase. This indvidual must stay in jail until his court hearing‚ the time the person
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Civil Procedure Outline I. Personal Jx- in what states can the π sue the Δ. a. In personam- pwr over the person. General jx- the Δ can be sued in that state for a claim that arose anywhere in the world. Specific jx- the Δ is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The Δ is served with process in the forum- presence- general jx 2. Service on the Δ agent in
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PRETRIAL PROCESS This outline is to show the Pretrial process. Above all else we need to be aware of the suspects Sixth Amendment rights. The right to a lawyer- This right is given to all. This is a guided hand for the defendant. Prosecutions decision to charge After arrest the government has the decision on whether to file charges or not. If they decide to charge then they will file an indictment‚ Based on the facts. Reviewing the charges Once the indictment is filed in the lower
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CIVIL PROCEDURE 3. Rule 1 – General Provisions Civil Action - One by which a party sues another for the enforcement or protection of a right‚ or the prevention or redress of a wrong. It may either be ordinary or special. (§3(a)) Criminal Action - One by which the State prosecutes a person for an act or omission punishable by law (§3(b)) Special Proceeding - A remedy by which a party seeks to establish a status‚ a right‚ or a particular fact (§3(c)) Instances where the Rules of Court
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Marcos v Ruiz FACTS: * After conducting a preliminary investigation‚ Asst‚ Fiscal of Tagbilaran City filed to RTC Bohol 2 information against Marcos for violation of BP 22. * Marcos appeared during the scheduled arraignment but asked for resetting because his lawyer has just withdrawn from the case. The court granted his request. * Later‚ Marcos was able to settle his obligation with the complainants and the latter executed an Affidavit of Desistance. Because of that‚ Asst. City Fiscal filed a Motion
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Despite numerous efforts to reduce torture during police custody and pretrial detention‚ it is still a remaining issue around the world‚ mostly occurring in the LEDC countries. It is debated heavily for a clear and myriad different kind of consequences across the world‚ but yet there hasn’t been any clear resolution to this problem. Although the practice is banned currently‚ however there are still countries which take place such as: China (Solitary Confinement)‚ Egypt (beating)‚ Iran (sleep deprivation)
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AN OUTLINE OF BASIC PARLIAMENTARY PROCEDURE Prepared by Douglas N. Case Parliamentary Authority: Robert’s Rules of Order‚ Newly Revised‚ Tenth Edition‚ 2001. I. Rules Governing an Organization A. State and Federal Law - governing cor porations‚ tax-exempt organizations‚ public legislative bodies‚ etc. B. Articles of Incorporation - applicable to corporations C. Governing Documents of Parent Organizations - applicable to chapters‚ affiliates‚ etc. of larger organizations D. Local
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• What is the time frame for replying in your state? In light of the California Code of Civil Procedure‚ rule 412.20‚ a timely response to a summons and complaint would be 30 days after the date you were served the papers‚ to file a response or answer statement with the court. Although‚ if you were served by substituted service‚ then you will have an additional 10 days to file a response with the court‚ but it requires proof of service by the plaintiff that says that defendant was served by substituted
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the Arrest and Pretrial process the focus of our research was these two phases and the decision points that fall in these phases. To start off it was essential to understand what is Arrest and Pretrial process and what these processes entails. Figure 1: Sequence of Events in Criminal
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