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Implied Consent
Implied consent is consent which is not expressly granted by a person, but rather implicitly granted by a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). For example, if a person is unconscious as a result of injuries sustained during a traffic collision, medical treatment may be provided to that person, despite the unconscious person being unable to expressly grant consent for that treatment. Driving while intoxicated All U.S. states have driver licensing laws which state that a licensed driver has given their implied consent to a certified breathalyzer or by a blood sample by their choice, or similar manner of determining blood alcohol concentration. Implied consent laws may result in punishment for those who refuse to cooperate with blood alcohol testing after an arrest for suspected impaired driving, including civil consequences such as a driver's license suspension. In 2016, the Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions used in such fields as the law, medicine, research, and sexual consent. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types * An express consent is one that is unmistakably stated, rather than implied. It may be given in writing, e.g. contract, by speech (orally), or non-verbally, e.g. by a clear gestu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Toronto Star
The ''Toronto Star'' is a Canadian English-language broadsheet daily newspaper. It is owned by Toronto Star Newspapers Limited, a subsidiary of Torstar Corporation and part of Torstar's Daily News Brands division. The newspaper was established in 1892 as the ''Evening Star'' and was later renamed the ''Toronto Daily Star'' in 1900, under Joseph E. Atkinson. Atkinson was a major influence in shaping the editorial stance of the paper, with the paper reflecting his principles until his death in 1948. His son-in-law, Harry C. Hindmarsh, shared those principles as the paper's longtime managing editor while also helping to build circulation with sensational stories, bold headlines and dramatic photos. The paper was renamed the ''Toronto Star'' in 1971 and introduced a Sunday edition in 1977. History The ''Star'' was created in 1892 by striking '' Toronto News'' printers and writers, led by future mayor of Toronto and social reformer Horatio Clarence Hocken, who became the newsp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process
Each legal jurisdiction has rules and discrete terminology regarding the appropriate procedures for serving legal documents on a person being sued or subject to legal proceedings. In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served. Service Each jurisdiction has rules regarding the appropriate service of process. Typically, a summons and other related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's residence or place of business or employment. In some cases, service of process ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California Department Of Motor Vehicles
The California Department of Motor Vehicles (DMV) is the state agency that registers motor vehicles and boats and issues driver licenses in the U.S. state of California. It regulates new car dealers (through the New Motor Vehicle Board), commercial cargo carriers, private driving schools, and private traffic schools. The DMV works with the superior courts of California to promptly record convictions against driver licenses, and initiates administrative proceedings before its own administrative law judges to suspend or revoke licenses when drivers accumulate excessive convictions (as measured by a point-based system). It issues California license plates and driver's licenses. The DMV also issues identification cards to people who request one. The DMV is part of the California State Transportation Agency. It is headquartered in Sacramento and operates local offices in nearly every part of the state. , the DMV employed over 8,900 people—35% at headquarters and 65% at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an international border with the Mexico, Mexican state of Baja California to the south. With almost 40million residents across an area of , it is the List of states and territories of the United States by population, largest state by population and List of U.S. states and territories by area, third-largest by area. Prior to European colonization of the Americas, European colonization, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. European exploration in the 16th and 17th centuries led to the colonization by the Spanish Empire. The area became a part of Mexico in 1821, following Mexican War of Independence, its successful war for independence, but Mexican Cession, was ceded to the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waiver
A waiver is the voluntary relinquishment or surrender of some known right or privilege. A waiver is often written, such as a disclaimer that has been accepted, but it may also be spoken between two or more parties. When the right to hold a person liable through a lawsuit is waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause. In some cases, parties may sign a "non-waiver" contract which specifies that no rights are waived, particularly if a person's actions may suggest that rights are being waived. This is particularly common in insurance. Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, one is presumed to know one's rights and that those rights are voluntarily relinquished if not asserted at the time. In the United States, regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The Quantum meruit, quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objection (United States Law)
In the law of the United States of America, an objection is a formal protest to evidence, argument, or questions that are in violation of the rules of evidence or other procedural law. Objections are often raised in court during a trial to disallow a witness's testimony, and may also be raised during depositions and in response to written discovery. During trials and depositions, an objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. At trial, the judge then makes a ruling on whether the objection is "''sustained''" (the judge agrees with the objection and disallows the question, testimony, or evidence) or "''overruled''" (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to "rephrase" a question that has been objected to, so long as the judge permits it. Lawyers should make ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Party (law)
A party is an individual or group of individuals that compose a single legal person, entity which can be identified as one for the purposes of law. Parties to litigation Parties include: * plaintiff (person filing suit), * defendant (person sued or charged with a crime), * petitioner (files a petition asking for a court ruling), * respondent (usually in opposition to a petition or an appeal), * cross-complainant (a defendant who sues someone else in the same lawsuit), or * cross-defendant (a person sued by a cross-complainant). A person who only appears in the case as a witness is not considered a party. Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the ''party of the first part''; and the party against whom the case was brought as the defendant, or, in older American cases, the ''party of the second part''. In a criminal case in Nige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Samaritan Law
Good Samaritan laws offer legal protection to people who give Reasonable person, reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or Wrongful death claim, wrongful death. An example of such a law in common-law areas of Canada: a Good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance and holds those who fail to do so liable. Good Samaritan laws may vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Aid
First aid is the first and immediate assistance given to any person with a medical emergency, with care provided to preserve life, prevent the condition from worsening, or to promote recovery until medical services arrive. First aid is generally performed by someone with basic medical or first response training. Mental health first aid is an extension of the concept of first aid to cover mental health, while psychological first aid is used as early treatment of people who are at risk for developing Post-traumatic stress disorder, PTSD. Conflict first aid, focused on preservation and recovery of an individual's social or relationship well-being, is being piloted in Canada. There are many situations that may require first aid, and many countries have legislation, regulation, or guidance, which specifies a minimum level of first aid provision in certain circumstances. This can include specific training or equipment to be available in the workplace (such as an Automated External ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
