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I would say yes because what if the person who received the property did not know it was stolen? Would you want to be able to contest something against you if you knew it wasn't true? I know I would, so just think about it. If you got wrongfully charged with receiving stolen property and you didn't know the property was stolen when you received it, wouldn't you want to be able to contest the charge??
What else can I help you with?
What are some of decided cases about malicious prosecution in tort?
Malicious prosecution in tort occurs when one party initiates a legal action without probable cause and with malice, leading to damages for the wrongfully prosecuted party. Notable cases include Hoffman v. Board of Education, where the court ruled that the absence of probable cause in a prior proceeding can support a malicious prosecution claim. In Klein v. Grynberg, the court emphasized the importance of proving malice and lack of probable cause, ultimately allowing the plaintiff to succeed in their claim. These cases illustrate the legal standards and complexities involved in proving malicious prosecution.
Can you sue for malicious prosecution after a forgery charge is either dismissed by the DA or one is found not guilty by a jury?
Yes, it is possible to sue for malicious prosecution after a forgery charge is dismissed by the District Attorney or if someone is found not guilty by a jury. To succeed in a malicious prosecution lawsuit, you would generally need to prove that the prosecution was brought without probable cause, initiated for malicious motives, and resulted in damage to your reputation, liberty, or finances. It is advisable to consult with a qualified attorney to understand the specific laws and requirements in your jurisdiction.
What if probable cause didn't exist?
Then an arrest might not be made, and a prosecution could not be conducted.
If the prosecution in a criminal matter does not present enough evidence at the probable cause hearing can they come back with more?
befoer
What is the legal basis of prosecution?
Probable cause supported by evidence/testimony that the accused committed the statutorily unlawful act with which they are accused.
What is Georges analysis of Lennies attack on the girl in Weed Does it seem probable?
George believes that Lennie's attack on the girl in Weed was accidental and not malicious. He believes that Lennie didn't understand his own strength and didn't intend to harm her. It seems probable given Lennie's mental limitations and innocence.
What is the most important factor a prosecutor considers when deciding on criminal prosecution?
That sufficient 'probable cause' exists to support the arrest and charges of the perpetrator.
How long do you have to wait before receiving a grant?
Considering the current financal market you will probable be six feet under before the grant is approved.
When is the legal burden of proof on the accused?
Under US law: There is NO burden on the accused defendant to prove anything. The entire burden of proof lies with the prosecution.
Can a person sue someone for legal costs incurred from a trespassing charge which was dismissed?
Generally, a person cannot sue for legal costs incurred from a dismissed trespassing charge unless there are specific legal grounds, such as malicious prosecution or a similar claim. In such cases, the plaintiff would need to demonstrate that the charge was brought without probable cause and with malice. However, legal standards can vary by jurisdiction, so it's essential to consult with a legal professional for advice tailored to the specific situation.
What does lack of probable cause mean?
Lack of probable cause refers to a situation where law enforcement does not have sufficient evidence or reasonable grounds to justify an arrest, search, or seizure. It is a legal standard that protects individuals from arbitrary or unjustified governmental actions. Without probable cause, any evidence obtained may be deemed inadmissible in court, potentially undermining a prosecution's case. Essentially, it ensures that individuals' rights are upheld against unwarranted intrusions.
Why do people create a computer virus?
there is three fairly straight forward probable reasons 1. the challenge ( a lot of people like to solve puzzles) 2. simple dishonesty 3. malicious intent ( a lot of sick people out there )
