¶ … Cause serves as the legal requirement for arrests and warrants. The Fourth Amendment bestows the:
right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized."
Oath or affirmation" used in the Fourth Amendement limiting Warrant issue eludes to the fact that probable cause means there is reasonable certainty that a crime has already been committed and that a particular person is responsibe for that crime. Further, the requirements to describe the place to be searched, and the persons or things to be seized suggests that there should be facts that evidence of the crime will be discovered.
There is often a great deal of confusion between the concept of probable cause and reasonable suspicion. The easiest differentiation is that probable cause only deals with crimes that have been committed while reasoable suspicion can deal with crimes that have been or are about to be committed. Unlike probable cause, reasonable suspicion only requires reasonable belief as opposed to reasonable certainty. Thus, probable cause is supposed to be a stronger standard of evidence than reasonable suspicion. but, the difference between what constitutes reasonable certainty vs. reasonable belief is often highly subjective. In some instances of probable cause there is specific evidence of a crime such as fingerprints or evidence in plain view, but in other instances the context of a situation comes into play and this is where the line between probable cause and reasonable suspicion becomes blurred. For example, hearsay evidence or suspicious activity can support probable cause in instances where there are reliable sources or other evidence that increase the degree of certainty to legally allow a search or an arrest.
D.). A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. Building on a plot of land is a fixture that is considered part of real property, similarly things that are fixed with the real property and can not be removed without damage can be considered part of real property. In case
Article 38 of the International Court of Justice indicates that courts have the function of deciding which disputes can be solved by referring to international conventions implying that international conventions have legal value in the nation-states that are party to it (ICJ). The Universal Declaration of Human Rights being one of such international conventions derives its legal status from this article thus obtaining the legal value. Conclusion The Universal Declaration of Human
LEGAL ISSUE, STRUCTURE, and ANALYSIS A. LEGAL ISSUES-LIMITED PARTNERSHIP. According to Black's Law Dictionary (1991), a limited partnership is a "type of partnership of one or more general partners who manage business and who are personally liable for partnership debts, and one or more limited partners, who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution"
(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the
Legal Aspects and Considerations "Coaches should pursue opportunities for professional development to keep abreast of best practices, safety, and legal issues within their chosen sport(s)" (Schaefer, 2008, Risk Management Tips Section, ¶ 5). Challenges for Coaches During 2006, Bill Baker, a Sahuarita High School football coach in Chandler, Arizona resigned from his coaching position following a 2005 post-game incident which involved him and a player the previous fall. In the newspaper account, "Coach
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