conscionability which confirms to be conscience. Unlike Unconscionable means unfair or unjust. In any law of a contract it means that the contract or the terms and conditions are unjust that the court will be forced to decline it. The contract should be found both procedurally and substantively unconscionable for the court to prove it unconscionability. (D.R. Horton‚ Inc. v. Green‚ 120 Nev. 549‚ 553‚ 96 P.3d 1159‚ 1162) (2004). Unconscionability can be described
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Probable Cause - Criminal Procedure Tommy Sanford CJA353 Criminal Procedure (BSAO0TOKUS) Lawrence Binkley November 21‚ 2010 Abstract This paper will discuss and analyze the requirements for search and arrest warrants based with regard to probable cause. I will post a recent news regarding probable cause and will discuss exceptions to warrant requirements. Probable Cause - Criminal Procedure Probable Cause In order for an officer to search a person they must have some sort of reason
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Criminal Law and Procedure Assignment Student Name: Louiszen‚ Yip Hiu Fai Student ID: 10456052 Supposed you were the lawyer acting for Mr. Scissors Lee: 1) At the Trial of Scissors Lee‚ the prosecution would like to produce to the court the caution statements of Scissors Lee as evidence of his confession. Can you write out a list of your objections you will raise with the court to the production of the caution statement at the trial? ANS: Upon the production of the caution statement
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Does notoriety affect the outcome of a criminal court proceeding? A trial’s outcome should not be based on the notoriety of it‚ yet it is. Due to media coverage‚ the length of the trial‚ and the notoriety of the people who committed the crime‚ the outcome of the trial is affected. The Manson trials and the trial of Leopold and Loeb are two prime example of how notoriety can affect a criminal court proceeding. An analysis of two criminal court proceedings‚ the Manson trial and the trial of Leopold
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for private respondent. FELICIANO‚ J.: On 2 October 1985‚ petitioner San Miguel Village School filed a complaint for breach of contract with damages against respondent Christina Triño‚ before the Regional Trial Court‚ Branch 3‚ Lanao del Norte‚ the complaint being docketed as Civil Case No. L-111-577. A Certificate to File Action‚ signed by the Barangay Captain of Barangay Palao‚ Iligan City‚ dated 17 September 1985‚ bearing the notation that the "respondent cannot be contacted‚" was filed along
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Court Observation Report 1. Introduction In the Australian legal justice system‚ with the increasing demand to expand summary jurisdiction‚ there has been a controversial issue as to which process is more appropriate to deliver justice to public as well as litigants; efficiency process or due process. While the former focuses on informality and efficiency‚ which requires judicial officers to struggle to manage limited time created by long case lists‚ the latter emphasizes formality and due process
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It is fair to be tried in both civil and criminal court for the same alleged actions because they deal with different aspects of the crime. For civil cases‚ it deals with whether you are liable or not‚ while in criminal cases it’s whether your guilty or not. You can be found not guilty in a criminal case‚ however‚ you can still be found liable in civil cases. It is only fair that the victims get awarded damages. Furthermore‚ it is not against the 5th amendment since the defendant won’t be at risk
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The American criminal court system has been a work in progress for thousands of years. Crimes that were formerly punished by the “eye for an eye” concept have slowly evolved into crimes that are looked at‚ proven then judged by the criminal court system that we have today. The criminal system is an intricate‚ delicate weave of laws‚ punishments and retribution‚ while keeping human rights and needs into consideration. According to Seigel‚ Schmalleger and Worrall‚ 2011‚ “The court system is a collective
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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 to Dismiss the case because without the testimony of
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Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. According to William Geldart‚ Introduction to English Law 146 (D.C.M. Yardley ed.‚ 9th ed. 1984)‚ "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only
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