Download or read book California Affirmative Defenses 2d written by Ann Taylor Schwing and published by . This book was released on 1996 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Florida Affirmative Defenses and Procedural Objections with Forms written by Joshua B. Spector and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections with Forms guides lawyers on evaluating, selecting, pleading, and contending with affirmative defenses and procedural objections in Florida state civil cases. The book surveys nearly 90 affirmative defenses and all of the Rule 1.140(b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. Discussion of the defenses include information on elements, notable authority, jury instructions, and more.The book provides useful forms for each affirmative defense and the motions and pleadings discussed. These forms are also available online, ready for editing to suit the unique facts and circumstances of each case.The new edition builds on earlier editions, adding affirmative defenses and case authority and several new forms. With considerably more authority, more in-depth analysis, and even a few graphics, we hope you will find this update valuable to your practice.

Download or read book California Affirmative Defenses written by Ann Taylor Schwing and published by . This book was released on 2009 with total page 1844 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Florida Affirmative Defenses and Procedural Objections 2016 written by Joshua Spector and published by Daily Business Review. This book was released on 2015-09-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Florida Affirmative Defenses and Procedural Objections 2020 written by Joshua Spector and published by . This book was released on 2019-09-28 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense. Moreover, and of immediate use, the book provides the practitioner with useful forms for each defense. These forms are also available online, so that they may be edited to suit the unique facts and circumstances of each case. For this 2020 edition, we added more than 60 pages of new material, and revised and supplemented the section on personal jurisdiction contests with deeper case law and in-depth discussion of more prongs of Florida's long-arm statute. In Chapter 6, we supplemented the discussion of the affirmative defense of fraud, among others, and added five new defenses: dead and buried doctrine (dissolution of a business entity), independent tort doctrine, necessity (business necessity), sovereign immunity, and way of necessity. With considerably more authority, more in-depth analysis, and even a few graphics, we hope you will find this update valuable to your practice.

Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.

Download or read book Justifications Excuses and Affirmative Defenses written by Murat C. Mungan and published by . This book was released on 2019 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defendant who admits to having committed an offense may nevertheless be acquitted if he can provide a legally cognizable justification or excuse for his actions by raising an affirmative defense. This article explains how affirmative defenses generate social benefits in the form of avoided unnecessary punishment. It then asks what kind of evidentiary standards must be used in order to balance these benefits against potential social costs arising from frivolous defense claims. It thereby provides an economic rationale for the uniformity across US jurisdictions in allocating the burden on the prosecution to prove the commission of the offense, as well as the variation across states in the standards of proof they use in determining the validity of affirmative defenses. The analysis also explains why mere assertions of undeterrability should not be considered as affirmative defenses.

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book An Affirmative Defense written by Corporate Executive Board and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by Independently Published. This book was released on 2018-09-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss and analyze issues surrounding the doctrine of qualified immunity when used by law enforcement professionals. * * * The doctrine of qualified immunity insulates government officials from lawsuits, shielding them "from undue interference with their duties and from potentially disabling threats of liability." Wright v. City of Philadelphia, 409 F.3d 595, 599 (3d Cir. 2005) (quoting Elder v. Holloway, 510 U.S. 510, 514, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994)). In determining the applicability of qualified immunity, courts examine two prongs. First, whether the facts alleged (in the context of a motion to dismiss or for judgment on the pleadings) or shown (in the context of a motion for summary judgment or a trial) "make out a violation of a constitutional right." Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Second, "whether the right at issue was 'clearly established' at the time of defendants' alleged misconduct." Id. (quoting Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). A right is "clearly established" when its "contours ... [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (quotation marks omitted). Courts need not evaluate the two prongs sequentially, Pearson, 555 U.S. at 236, 129 S.Ct. 808, and the failure of either prong will result in application of qualified immunity, James v. City of Wilkes-Barre, 700 F.3d 675, 679 (3d Cir. 2012). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018). * * * Qualified immunity is an affirmative defense on which the defendant has the burden of proof. See, e.g., Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Rogoz v. City of Hartford, 796 F.3d at 247. "To the extent that a particular finding of fact [i]s essential to an affirmative defense, ... it [i]s incumbent on [the defendant] to request that the [factfinder] be asked the pertinent question." Kerman, 374 F.3d at 120. Outlaw v. City of Hartford, ibid.

Download or read book Freedom and Its Betrayal written by Isaiah Berlin and published by Princeton University Press. This book was released on 2014-05-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: These celebrated lectures constitute one of Isaiah Berlin's most concise, accessible, and convincing presentations of his views on human freedom—views that later found expression in such famous works as "Two Concepts of Liberty" and were at the heart of his lifelong work on the Enlightenment and its critics. When they were broadcast on BBC radio in 1952, the lectures created a sensation and confirmed Berlin’s reputation as an intellectual who could speak to the public in an appealing and compelling way. A recording of only one of the lectures has survived, but Henry Hardy has recreated them all here from BBC transcripts and Berlin’s annotated drafts. Hardy has also added, as an appendix to this new edition, a revealing text of "Two Concepts" based on Berlin’s earliest surviving drafts, which throws light on some of the issues raised by the essay. And, in a new foreword, historian Enrique Krauze traces the origin of Berlin’s idea of negative freedom to his rejection of the notion that the creation of the State of Israel left Jews with only two choices: to emigrate to Israel or to renounce Jewish identity.

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by . This book was released on 2020-06-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Qualified immunity is a doctrine aimed at providing government officials (including police officers) a modicum of protection from civil damages liability for actions taken under color of state law. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); McKenney v. Mangino, 873 F.3d 75, 80 (1st Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 1311, 200 L.Ed.2d 475 (2018). This p.10 protection attaches "to all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Conlogue v. Hamilton, 906 F.3d 150, 154 (1st Cir. 2018) (quoting Harlow, 457 U.S. at 818, 102 S.Ct. 2727). The qualified immunity analysis has two facets: "[t]he court must determine whether the defendant violated the plaintiff's constitutional rights" and then must determine "whether the allegedly abridged right was 'clearly established' at the time of the defendant's claimed misconduct." Id. at 155 (quoting McKenney, 873 F.3d at 81). [ . . . ] [The question whether the allegedly abridged right is clearly established] has two facets. First, the plaintiff must "identify either 'controlling authority' or a 'consensus of cases of persuasive authority' sufficient to send a clear signal to a reasonable official that certain conduct falls short of the constitutional norm." Alfano v. Lynch, 847 F.3d 71, 75 (1st Cir. 2017) (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) ). Second, the plaintiff must demonstrate that "an objectively reasonable official in the defendant's position would have known that his conduct violated that rule of law." Id. This latter step is designed to achieve a prophylactic purpose: it affords "some breathing room for a police officer even if he has made a mistake (albeit a reasonable one) about the lawfulness of his conduct." Conlogue, 906 F.3d at 155. Taken together, these steps normally require that, to defeat a police officer's qualified immunity defense, a plaintiff must "identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment." City of Escondido v. Emmons, ___ U.S. ___, 139 S.Ct. 500, 504, 202 L.Ed.2d 455 (2019) (per curiam) (quoting District of Columbia v. Wesby, ___ U.S. ___, 138 S.Ct. 577, 590, 199 L.Ed.2d 453 (2018) ); see Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although such a case need not arise on identical facts, it must be sufficiently analogous to make pellucid to an objectively reasonable officer the unlawfulness of his actions. See City of Escondido, 139 S.Ct. at 504; Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Gray v. Cummings, 917 F. 3d 1 (1st Cir. 2019)

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by Independently Published. This book was released on 2020-06-29 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). As the Supreme Court has explained, "[q]ualified immunity balances two important interests-the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably." Id. * * * "The qualified immunity analysis entails two general steps, which can be considered in any order." Godawa v. Byrd, 798 F.3d 457, 462-63 (6th Cir. 2015) (citing Pearson, 555 U.S. at 236, 129 S.Ct. 808). "First, taken in the light most favorable to the party asserting the injury, do the facts alleged show that the officer's conduct violated a constitutional right? Second, is the right clearly established?" Seales v. City of Detroit, 724 F. App'x 356, 359 (6th Cir. 2018) (quoting Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th Cir. 2006)). "To qualify as clearly established, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Kindl v. City of Berkley, 798 F.3d 391, 398 (6th Cir. 2015) (alteration in original) (internal quotation marks omitted) (quoting Brown v. Lewis, 779 F.3d 401, 412 (6th Cir. 2015))."[T]he plaintiff bears the burden of showing that an officer is not entitled to the defense of qualified immunity." Courtright v. City of Battle Creek, 839 F.3d 513, 518 (6th Cir. 2016) (citing Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015)). Rafferty v. Trumbull County, Ohio, 915 F. 3d 1087 (6th Cir. 2019)

Download or read book It s Not Just about Sex written by Littler Mendelson and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Cornell Law Quarterly written by and published by . This book was released on 1916 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Florida Affirmative Defenses and Oprocedural Objections written by Joshua B. Spector and published by Daily Business Review. This book was released on 2014-09-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense. Moreover, and of immediate use, the book provides the practitioner with useful forms for each defense. This edition focuses on the Florida Rules of Civil Procedure and does not delve into the companion rules or differences found in, for example, the Florida Probate Rules or the Florida Family Law Rules of Procedure. One of the goals of this book is to aid practitioners in both identifying useful, pertinent defenses, and also pleading those defenses in a manner that is resistant to attack or dismissal. While many books offer an obligatory section on historical common law considerations, this book hopes to focus on some basic concepts that are assembled not for their historical value but because these concepts guide and shape the case law governing the pleading, striking, and dismissal of affirmative defenses. The last decade witnessed a tremendous spike in foreclosure filings, [1]particularly in Florida.[2] A peculiar side effect of these cases is the proliferation of certain defenses and yet more sophisticated defense-strategies that featured the use of affirmative defenses to prolong the pleading phase of cases and keep trial and resolution at bay. Certainly, dilatory tactics and so-called sand-bagging are as old as the courts. But this decade, in the opinion of the authors, featured a concentrated dose of motion practice that regarded the pleading of affirmative defenses. While the flurry of activity served to educate the judiciary and promote stricter controls on the pleading of affirmative defenses, the lack of understanding about affirmative defenses suffered by many practitioners came to the forefront.