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It is often argued that "secret evidence", unavailable to the defendant, constitutes the basis of the government's case against terror suspects.
In any event the judge's failure to instruct the jury adequately and with sufficient force to eliminate the serious prejudice to the defendant constitutes fatal error.
Similar(57)
The action has been sustained only in those instances where the act complained of, considered apart from the official authority alleged as its justification, and as the personal act of the individual defendant, constituted a violation of right for which the plaintiff was entitled to a remedy at law or in equity against the wrong-doer in his individual character.
The further question arises as to what acts by the defendant constitute a "use" of the plaintiff's idea such as to satisfy the condition precedent to the defendant's obligation to pay.... Does the mere writing of a script which embodies the plaintiff's idea amount to such a "use" or does the production of a motion picture based upon such script amount to such a "use"?...
Plaintiffs and defendants agree that the director defendants constitute the board for demand futility purposes.
Upon the case here made by the evidence it is impossible to conclude that the defendants constituted in 1911 such a combination, within the terms of the Anti-Trust Act, as would justify the granting of an injunction to the plaintiffs even the provisions of section 16 of the Clayton Act, which we have quoted.
He said the link was "an abuse of power by defendants and constitutes an unconstitutional interference upon the independence of the judiciary".
The plaintiffs' complaint is based on their contention that the exhibition or showing of the video cassettes in the private booths on defendants' premises constitutes an unauthorized public performance in violation of plaintiffs' exclusive rights under the federal copyright laws.
The aforesaid acts of the defendant Pena constitute violations of the wrongful death statutes.
The aforesaid acts of the defendant Pena constitute violations of the treaties of the United States and the law of nations.
"After careful consideration of all the evidence presented and the nature and the circumstances of the offense, the court finds that the release of (the) defendant would constitute an unreasonable danger to the community and the request for release on bond should be denied," the order said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com