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Nye Frank

Federal Bureau of Investigation - Civil Rights Statutes - 0 views

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    Contact Us Your Local FBI Office Overseas Offices Submit a Crime Tip Report Internet Crime More Contacts Learn About Us Quick Facts What We Investigate Natl. Security Branch Information Technology Fingerprints & Training Laboratory Services Reports & Publications History More About Us Get Our News Press Room E-mail Updates News Feeds Be Crime Smart Wanted by the FBI More Protections Use Our Resources For Law Enforcement For Communities For Researchers More Services Visit Our Kids' Page Apply for a Job Civil Rights Statutes Civil Rights Home Federal Civil Rights Statutes Title 18, U.S.C., Section 241 - Conspiracy Against Rights Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law Title 18, U.S.C., Section 245 - Federally Protected Activities Title 18, U.S.C., Section 247 - Church Arson Prevention Act of 1996 Title 18, U.S.C., Section 248 - Freedom of Access to Clinic Entrances (FACE) Act Title 18, U.S.C., Section 844(h) - Federal Explosives Control Statute Title 42, U.S.C., Section 3631 - Criminal Interference with Right to Fair Housing Title 42, U.S.C., Section 14141 - Pattern and Practice Title 18, U.S.C., Section 241 Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same). It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. Punishment varies from a fine or imprisonment of up to ten years, or
Nye Frank

Windows Live space's Blog - Windows Live - 0 views

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    Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500
Nye Frank

S. 795: Elder Justice Act of 2009 (GovTrack.us) - 0 views

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    Crimes Causing Harm to Property Depending on the value of the property involved, as well as the level of violence, most property crimes fall into the category of felony in Texas. The legal definition of theft is unlawfully taking the property of another person with the intent to deprive the other person of the property. This definition is much broader than what most people think of as theft. It includes embezzlement, keeping found property without making a reasonable attempt to find its rightful owner, obtaining the services of another person or telecommunication services by fraud, shoplifting, unauthorized access to credit cards, and writing bad checks. Robbery is similar to theft; in fact, theft is a part of robbery. A person commits robbery if, during a theft, he or she intentionally, knowingly, or recklessly causes bodily injury to another person, threatens a person, or places another person in fear of immediate injury or death. Aggravated robbery, which is a felony of the first degree, is a robbery in which a person is seriously injured or in which the defendant uses a deadly weapon. If the robbery causes fear of immediate injury or death to a victim who is 65 years of age or older, or who has a mental, physical, or developmental disability, the crime also constitutes an aggravated robbery. Burglary is entering into a building, portion of a building, or habitation with the intent to commit theft or a felony there. Not only is it burglary to enter a house unlawfully with the intent to steal money or property, but it is also burglary to enter with the intent to commit a felony such as arson or murder. White Collar Crimes http://www.weblocator.com/attorney/tx/law/c13.html#txc130500
Nye Frank

CIV PRO OUTLINE - 0 views

shared by Nye Frank on 31 Dec 09 - Cached
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    This is the html version of the file http://students.law.ucdavis.edu/LSA/files/outlines/Civ%20Pro%20-%20Unknown%20-%200203.doc. Google automatically generates html versions of documents as we crawl the web. CIV PRO OUTLINE As of 5/1 1. WHAT'S CIVIL PROCEDURE? 1. Prescribes and administers process for enforcing rights and duties specified in substantive law 2. EVOLUTION OF CIVIL PROCEDURE (pgs. 18-32) 1. Significant Anglo-Saxon institutions at time of conquest: 1. Crown 2. Local tribunals 1. Slow and uncertain in operation 2. Earliest forms of royal intervention 1. Executive 2. Administrative 3. Writ 1. Written directive from king to royal official/to individual/group of individuals ordering addressees to do/refrain from doing designated act 2. Procedural steps by which prosecuted not uniform 3. Praecipe 1. Executive command made without inquiry 4. Novel disseisin/querela 1. Derived from procedure in which judicial inquest of complaints heard first and then executive action followed 4. king's direct entertainment of complaints of subjects 3. Early evolution of royal courts 1. Medieval central government 1. King's court/curia regis 2. Why separate branches? 1. Administrative necessity for orderly record keeping 2. Historical fact that early Plantagenet kings had domains in France that were more important to them than England and which required their presence on continent for long periods of time (king absent a lot) 4. Common law procedure 1. Background of all medieval litigation was hope of bringing parties to some sort of voluntary accord
Nye Frank

Alliance: Factsheets: Elder Abuse and the Law: Printer-Friendly Format - 0 views

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    Civil Remedies A few states have special provisions for the bringing of civil actions by the elderly. If an older person in Nevada suffers personal injury or death caused by abuse or neglect or suffers a loss of money or property by exploitation, the offender may be ordered to pay up to two times the actual damages incurred. If the offender acted with recklessness, oppression, fraud, or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit. In Georgia, the elderly may recover actual and punitive damages and attorney's fees for injury resulting from unfair or deceptive business practices
Nye Frank

$375,000 SETTLEMENT IN ELDER ABUSE/NEGLECT CASE - Experienced San Francisco Personal In... - 0 views

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    Welfare & Institutions Code § 15657 provides: "Where it is proven by clear and convincing evidence that a defendant is liable for . . . neglect as defined in Section 15610.57, . . . and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, in addition to all of the remedies otherwise provided by law: (a) the court shall award to the plaintiff reasonable attorneys' fees and costs. . . . (b) the limitations imposed by Section 337.34 of the Code of Civil Procedure on the damages recoverable shall not apply . . . (c) the standards set forth in subdivision (b) of Section 3294 of the Civil Code regarding the imposition of punitive damages on an employer based upon the acts of an employee shall be satisfied before any damages or attorneys' fees permitted under this section may be imposed against an employer". Welfare & Institutions Code § 15610.57 defines "neglect" as the negligent failure of any person having care or custody of an elder to exercise that degree of care that a reasonable person in a like position would exercise, and includes the "failure to protect from health and safety hazard". Civil Code § 3294(b) provides that an employer shall not be liable for punitive damages based upon acts of an employee unless the employer had advanced knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others, or authorized or ratified the employee's wrongful conduct, or was personally guilty of oppression, fraud or malice. With respect to a corporate employer, the authorization or ratification of an act of recklessness, oppression, fraud or malice must be on the part of an officer, director or managing agent of the corporation.
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