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Necessity In Canadian Law
Canadian criminal law allows for a common law defence of necessity. ''Necessitas non habet legem;'' "Necessity knows no law." This well-known maxim reflects the theoretical basis of the defence of necessity: that in dire circumstances of looming peril, the claims of positive law seems to weaken.Kent Roach et al, Criminal Law and Procedure (Toronto: Emond, 2015) at 961. This controversial common law or judge-made defence has only been firmly recognized in Canadian law since 1984. It is recognized in Canada as a defence for crimes committed in urgent situations of clear and imminent peril in which the accused has no safe avenue of escape or legal way out of the situation. There is an objective or reasonableness requirement that requires the accused to reasonably resist the pressures that led to the commission of the crime. Anyone is entitled, by virtue oof the Criminal Code, to rely upon any excuse or defense available to him at common law. The defence of necessity The defence of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perka V
Clover Rewards (formerly Perka) is a digital loyalty marketing platform that was launched in April 2011. An alternative to traditional paper and plastic card-based incentive programs, Clover Rewards provides interactive loyalty marketing solutions for businesses. The technology that Clover Rewards is built upon works on mobile phones via app or SMS (text messaging) and allows merchants to reward customers for frequent purchases. Clover Rewards also serves as a direct-marketing platform and analytics tool. Clover Rewards fits into the category of mobile loyalty, a modern type of loyalty program. In summer 2018, Perka was rebranded to Clover, its sister company. The company is headquartered in Portland, Oregon, and in New York City. Market position In 2013, Perka was listed in ''Fast Company'''s Top 10 Most Innovative Companies in the local category. Expansion both domestically and internationally - including Canada, the U.K., Latin America, Australia and Africa - has registere ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imminent Peril
Imminent peril, or imminent danger, is an American legal concept where Imminent peril is "certain danger, immediate, and impending; menacingly close at hand, and threatening." In many states in the USA, a mere necessity for quick action does not constitute an emergency within the doctrine of imminent peril, where the situation calling for the action is one which should reasonably have been anticipated and which the person whose action is called for should have been prepared to meet; the doctrine of imminent peril does not excuse one who has brought about the peril by their own negligence. Legislation In California, legislation authorizes a person to use deadly force to defend against death or serious injury if they believe they are in imminent peril. Raymond L. Middleton, Warden v. Sally Marie McNeil is a California case that espouses this doctrine. The 2012 Florida Statutes lay measurable conditions to determine if the "fear of imminent peril" is reasonable under the law. Both the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Air Of Reality
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morgentaler V
Morgentaler is a family name (or surname) of Jewish families from Poland. Origin The family name Morgentaler developed among Ashkenazi Jews in Europe. Distribution Until World War II in Poland, mainly in Łódź. The Central Database of Shoah Victims' Names enlists many Jewish Morgentaler victims of the Holocaust. Few Polish Morgentalers survived and emigrated. Today's spreading is relatively high in Canada and Serbia. Part of the website PublicProfiler People * Dr. (1923, ), Canadian physician and abortion activist ** ''[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
