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In: International observer, Band 27, Heft 451, S. 3493
ISSN: 1061-0324
In: Provisional Measures in International Law, S. 159-187
In: Feminist studies: FS, Band 10, Heft 3, S. 456
ISSN: 2153-3873
This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.This third edition updates the law in all areas of criminal procedure. The chapter on powers of search and seizure has been completely rewritten to take into account significant new decisions, including, among others, Spencer, on internet anonymity; Vu, on searches of computers; TELUS Communications, on text messaging and wiretap authorizations; MacDonald, on safety searches; and Fearon, on search of cell phones incident to arrest. It also covers the various statutory changes made to search powers by the Protecting Canadians from Online Crime Act.
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An introduction to criminal procedure -- The sources of criminal procedure -- Searches and seizures -- Stop and frisk -- Probable cause and arrests -- Searches and seizures of property -- Inspections and regulatory searches -- Interrogations and confessions -- Eyewitness and scientific identifications -- The exclusionary rule and entrapment -- And criminal remedies for constitutional violations -- The initiation of the legal process, bail, and the right to counsel -- The courtroom: the pretrial and trial process -- Sentencing and appeals -- Counterterrorism
This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).
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This report discusses the Partial-Birth Abortion Act of 1997 (H.R. 1122). The report summarizes the legislation and why President Clinton vetoed it. Moreover, the report includes President Clinton's recommendation to amend the bill for him to pass. The report also suggests that little data has been created on the issue, but that it utilizes what data has been created.
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Intro -- CONGRESSIONAL PROCEDURES -- CONGRESSIONAL PROCEDURES -- CONTENTS -- PREFACE -- Chapter 1 PARLIAMENTARY REFERENCE SOURCES: HOUSE OF REPRESENTATIVES* -- ABSTRACT -- INTRODUCTION -- PRINCIPLES OF HOUSE PARLIAMENTARY PROCEDURE -- House Procedures Are Determined by Multiple Authorities -- Constitutional Rule-Making Authority of the House -- House Rules Are Generally Not Self-Enforcing -- The House Rarely Disregards Its Precedents -- The House Adheres to Many Informal Practices -- THE HOUSE MANUAL AND AUTHORITIES IT CONTAINS -- House Manual -- THE CONSTITUTION -- JEFFERSON'S MANUAL -- RULES OF THE HOUSE -- PROCEDURAL PROVISIONS OF STATUTE -- PROCEDURAL PROVISIONS IN BUDGET RESOLUTIONS -- OFFICIAL COMPILATIONS OF PRECEDENTS OF THE HOUSE -- HOUSE PRACTICE -- DESCHLER'S PRECEDENTS -- HINDS' AND CANNON'S PRECEDENTS -- PROCEDURE IN THE HOUSE -- CANNON'S PROCEDURE -- ADDITIONAL AUTHORITIES -- SPEAKER'S POLICIES -- MEMORANDUMS OF UNDERSTANDING REGARDING COMMITTEE JURISDICTION -- RULES OF INTERNAL ORGANIZATIONS OF THE HOUSE -- COMMITTEE RULES OF PROCEDURE -- PARTY CAUCUS OR CONFERENCE RULES -- OTHER CONGRESSIONAL PUBLICATIONS ON PROCEDURE -- FLOOR PROCEDURES MANUAL -- HOW OUR LAWS ARE MADE -- ENACTMENT OF A LAW -- APPENDIX A. BIBLIOGRAPHY OF HOUSE PARLIAMENTARY REFERENCE SOURCES -- Official Reference Sources -- Publications of Committees and Offices of the House -- CRS Products -- APPENDIX B. HOUSE PARLIAMENTARY REFERENCE INFORMATION AVAILABLE THROUGH THE INTERNET -- Legislative Information System of the U.S. Congress (LIS) -- CRS Guides to Congressional Processes -- House Committee on Rules -- GPO Access -- Other Library of Congress Sites -- Other House of Representatives Sites -- Chapter 2 PARLIAMENTARY REFERENCE SOURCES: SENATE* -- ABSTRACT -- INTRODUCTION -- PRINCIPLES OF SENATE PARLIAMENTARY PRACTICE -- MULTIPLE SOURCES OF SENATE PROCEDURE.
The author surveys and discusses recent decisions, rule changes and legislation concerning various aspects of Florida Civil Procedure. The topics dealt with include jurisdiction, venue, class actions, parties, discovery, judgments, summary judgment, jury trials, jury instructions and dismissal.
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In 1980 the Supreme Court of Florida adopted comprehensive amendments to the Florida Rules of Civil Procedure. The author critically examines these amendments and discusses their probable impact on civil practice in Florida. The author also surveys and discusses the 1980 legislation and court decisions that have affected or construed the unamended rules.
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In: Federal Tax Procedure, John A. Townsend (2012 Ed. - Footnoted)
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In: Erasmus Law Lectures 33 (Inaugural Lecture), Eleven International Publishing, 2013
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In: Erasmus Law Lectures 33
On January 20, 2012, Xandra Kramer was installed as holder of the Chair of European Civil Procedure at the Erasmus School of Law, Erasmus University Rotterdam. Kramer specializes in private international law and civil procedure, and takes an interest in empirical legal research. She has joined the Erasmus School of Law interdisciplinary research program 'Behavioral Approaches to Contract and Tort.' In her inaugural lecture, which is documented in this book, she stresses the importance of effective procedural law rules to enforce rights and act as the guarantor of fundamental rights. The enforcement of cross border rights is complicated by the huge differences in civil procedure, as well as legal and practical obstacles. These complications jeopardize the right of access to justice and fair trial, and have as a result triggered the harmonization of civil procedure. Kramer illustrates that the gradual harmonization of civil procedure within the EU is largely ad hoc and lacks both a vision and an architectural plan. The 'deconstructivism' in European civil procedure is a potential source of injustice and may endanger rather than improve access to justice. This necessitates a fundamental debate on the foundations and future architecture of European civil procedure, in which the common denominators should be: access to justice, securing quality of justice, and best practices based on empirical evidence. She urges academics to be at the forefront in creating a blueprint for the future of European civil procedure