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Double jeopardy, which prevents an individual from being tried twice for the same offense in criminal law, generally does not apply to administrative cases. Administrative proceedings are considered separate from criminal prosecutions, and individuals can face both criminal charges and administrative penalties for the same conduct. However, specific legal interpretations can vary by jurisdiction and the context of the case. Always consult legal counsel for advice on specific situations.
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Double jeopardy is only applicable to?
crimminal cases
When double jeopardy does not apply?
Double jeopardy does not apply in cases where a defendant is tried in different jurisdictions for the same offense, such as state and federal courts. It also does not apply to separate offenses arising from the same act, allowing for multiple charges. Additionally, if a trial ends in a mistrial, the defendant can be retried. Lastly, double jeopardy does not prevent retrial if a conviction is overturned on appeal.
Is there a prescriptive period for filing administrative cases?
Yes, there is typically a prescriptive period for filing administrative cases, which varies depending on the specific laws and regulations governing the particular administrative body or issue involved. These time limits are established to ensure timely resolution and to protect the rights of all parties involved. It's essential to consult the relevant statutes or administrative guidelines to determine the exact prescriptive period applicable to a specific case.
How do you use double jeopardy in a sentence?
This is a legal term meaning to be prosecuted for the same crime twice. Here are some sentences.Double jeopardy is prohibited in the United States.If you go to trial now and lose, you cannot ever charge him again, because it would be double jeopardy.I wish double jeopardy was legal in some cases!Of course, there is also something called "Double Jeopardy" on a TV game show (the name of the show is Jeopardy) -- this is the second round of the show when all of the money values are doubled (200-400-600-800-1000).
Who hears FDA cases?
The USFDA has administrative law judges which hear cases from its own administrative tribunal docket.
What has the author Brenda Grant written?
Brenda Grant has written: 'Administrative law through the cases' -- subject(s): Administrative law, Administrative procedure, Cases
Does double jeopardy allow a defendant to collect double damages in a lawsuit?
Double jeopardy applies to criminal cases and prevents a defendant from being tried twice for the same offense. It does not apply to civil lawsuits, so a defendant could potentially be held liable for damages in a civil case even if they were previously acquitted of the same offense in a criminal trial.
Is the doctrine of lesser included charge applicable in the context of administrative penalty cases where no crime is charged only a regulatory infraction?
Yes. There may lesser included infractions which exist in an administrative setting just as there are in a criminal prosecution setting. It is not necessary that a criminal offense be committed to have lesser included infractions.
What has the author John H Reese written?
John H. Reese has written: 'Administrative law' -- subject(s): Cases, Administrative law '1995 Statutory Supplement (Including Recent Cases) to Accompany Administrative Law' 'Administrative Law Desk Reference for Lawyers'
Is the discovery law applicable to kidnapping cases?
"Discovery" is the legal word used to describe the procedure for finding out the other party's evidence. The "discovery" process is applicable in ALL criminal cases.
What has the author John M Rogers written?
John M. Rogers has written: 'Administrative law' -- subject(s): Administrative procedure, Cases, Administrative law
What are the administrative cases?
"Administrative" cases refer to cases heard by "Hearing Officers" (often referred to as 'judges' - with a small 'j') of the various administrative agencies of the Executive Branch of government, for violations of those agency's administrative rules and procedures. Whereas, violations of ciminal and civil law (as passed by the Legislative Branch of government) are conducted in courts convened within the Judicial Branch of Government. l
