Pardon My Blooper!
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Pardon My Blooper!
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may ''implicitly'' constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a part ...
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Government
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The major types of political systems in the modern era are democracies, monarchies, and authoritarian and totalitarian regimes. Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy, democracy, theocracy, and tyranny. These forms are not always mutually exclusive, and mixed govern ...
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Minister Of Public Safety
The minister of public safety (french: ministre de la sécurité publique) is the minister of the Crown in the Canadian Cabinet responsible for overseeing Public Safety Canada, the internal security department of the Government of Canada. The portfolio succeeded the role of solicitor general of Canada (french: link=no, solliciteur général du Canada) in 2005. The position was nominally created in December 2003 as a successor to the previous position of solicitor general, with the official title of ''Solicitor General'' carrying over during the 27th Canadian Ministry. It incorporated the responsibilities associated with the solicitor general, including responsibility for the Correctional Service of Canada, the Royal Canadian Mounted Police, the Parole Board of Canada, and the Canadian Security Intelligence Service. The portfolio also assumed responsibility for the Canada Border Services Agency upon that agency's formation in December 2003. The title of ''Solicitor General'' wa ...
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Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ...
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Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning ''American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example ...
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Costs (law)
In English civil litigation, costs are the lawyers' fees and disbursements of the parties. In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount. In legal aid cases, a similar assessment will determine the costs which the solicitors will be paid from the Legal Aid Fund. In most courts and tribunals, generally after a final judgment has been given, and possibly after any interim application, the judge has the power to order any party (and in exceptional cases even a third party, or any of the lawyers personally) to pay some or all of other parties' costs. The law of costs defines how such allocation is to take place. Even when a successful party obtains an order for costs against an opponent, it is usual that he may nevertheless still have to pay his solicitors a balance between the costs ...
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Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ...
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Waiting Period
A waiting period is the period of time between when an action is requested or mandated and when it occurs. In the United States, the term is commonly used in reference to gun control, abortion and marriage licences, as some U.S. states require a person to wait for a set number of days after buying or reserving a firearm from a dealer before actually taking possession of it, a woman waiting for an abortion and individuals making applications on marriage licences. Waiting periods are also used for new insurance policies, particularly health insurance, and also flood insurance. Incidents which occur during this time are not claimable. The term may also refer to the time between the making of a claim and the payment of it, also called the elimination period. In business finance, a waiting period or quiet period is the time in which a company making an initial public offering (IPO) must be silent about it, so as not to inflate the value of the stock artificially. It is also calle ...
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International Transfer Of Offenders Act
The ''International Transfer of Offenders Act'' (french: Loi sur le transfèrement international des délinquants) is Canadian federal legislation. Passed in 2004, it allows Canadians who had been convicted of a crime in another nation to apply to serve their sentence, or a portion thereof, in a Canadian prison. The Act gives the Minister of Public Safety the authority to approve or decline prisoners' applications for transfer. The Act was passed shortly before Conservative Stephen Harper was elected Prime Minister of Canada in 2005. Legal journalists and legal scholars criticized the Harper government for arbitrarily declining to approve transfers without adequate reasons. According to ''The Globe and Mail'' on January 19, 2012, Justice Robert Barnes ruled that Vic Toews had failed to provide adequate reasons when he declined to approve the transfer of Richard Goulet. Barnes called decisions like this ''"pro forma"'' decisions, which were usually approved because it was in Can ...
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Transfer Of Offenders Act
Transfer may refer to: Arts and media * ''Transfer'' (2010 film), a German science-fiction movie directed by Damir Lukacevic and starring Zana Marjanović * ''Transfer'' (1966 film), a short film * ''Transfer'' (journal), in management studies * "The Transfer" (''Smash''), a television episode *''The Transfer'', a novel by Silvano Ceccherini Finance * Transfer payment, a redistribution of income and wealth by means of the government making a payment * Balance transfer, transfer of the balance (either of money or credit) in an account to another account * Money transfer (other) ** Wire transfer, an international expedited bank-to-bank funds transfer Science and technology Learning and psychology * Transfer (propaganda), a method of psychological manipulation * Knowledge transfer, within organizations * Language transfer, in which native-language grammar and pronunciation influence the learning and use of a second language * Transfer of learning, in education Mathema ...
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Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Social Regulation in the social, political, psychological, and economic domains can take many forms: legal restriction ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ...
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Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (which includes all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some ...
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