"This court concludes that there is evidence that a court acting reasonably can convict," said Magistrate Tebogo Thupaatlase.
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That threshold almost always benefits the police, since judges and juries tend to be extremely deferential when assessing whether an officer was acting reasonably in the heat of the moment.
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Jurors were told to convict on second-degree murder if they decided that the shooting was unjustified but that Officer Van Dyke believed at the time that he was acting reasonably.
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Decisions by the state's health department would be appealable to an independent panel of physicians, who would consider whether the doctor who signed off on the medical exemption was acting reasonably to protect a child's health and safety.
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"Warranty language that implies to a consumer acting reasonably under the circumstances that warranty coverage requires the consumer to purchase an article or service identified by brand, trade or corporate name is similarly deceptive and prohibited," the FTC letters said.
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On Monday, the lawyers took aim at former Vice President Joseph R. Biden Jr. and his son Hunter Biden, resurfacing unsubstantiated accusations of corruption to contend that Mr. Trump had been acting reasonably when he asked Ukraine to investigate the pair.
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"Once a speaker has been invited by a student group, the campus is obligated and committed to acting reasonably to ensure that the speaker is able to safely and effectively address their audience, free from violence or disruption," according to Cal State Fullerton's Free Speech website.
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With a court now evenly divided between conservatives and liberals, both the Majority Leader of United States Senate and the President of the United States are acting reasonably by retreating to their corners and coming out fighting with all of their political resources at their disposal (though they both could have waited a few days to do so).
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Strihan, pp. 70, 71 According to historian Pavel Strihan, the French consul Adolphe Billecocq was "the most unusual victim" of the divorce scandal, recalled by his government for having suggested that Gheorghe was acting reasonably. However, other records suggest that Billecocq and the Bibescus were enemies, and that the recall was owed to embarrassment over Billecocq's other intrigues.
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R v Cinous, 2002 SCC 29 is a 2002 case of the Supreme Court of Canada which held that in order for a defence to be presented to a jury, that defence must possess an "air of reality"; that is, "if a properly instructed jury acting reasonably could acquit the accused on the basis of the defence".
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The majority held that the evidence should not be excluded under section 24(2) of the Charter, on the basis of the Grant factors. Although the search of Fearon's phone impinged on his privacy, the breach was not particularly serious, and the police legitimately believed that they were acting reasonably and in good faith. The majority agreed with the trial judge's assessment that excluding the evidence would undermine the judiciary's truth-seeking function.
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In English law the focus of the test is whether the defendant is acting reasonably in the particular situation. There is no specific requirement that a person must retreat in anticipation of an attack. Although some withdrawal would be useful evidence to prove that the defendant did not want to fight, not every defendant is able to escape. In R v Bird the defendant was physically attacked, and reacted instinctively and immediately without having the opportunity to retreat.
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There was no evidence from an objective standpoint that the appellants were acting reasonably and proportionately to a threat of injury. The evidence was clear that it was possible for the appellants to control pain by conventional and legal means. To admit the medical use of cannabis on the ground of necessity would defeat the legislative purpose underpinning the Misuse of Drugs Act 1971. Further, for the defence of necessity to succeed, the threat of injury must be immediate and imminent and come from an extraneous source.
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There is no defence of later withdrawing from the act; however, there is one of "acting reasonably" under Section 50. This takes two forms: either that the acts themselves were reasonable; or that the defendant reasonably believed in circumstances which did not exist and acted reasonably under those circumstances. The existence of this defence has been attacked by Andrew Simester and Bob Sullivan on the grounds it may be acting as a "sop" to counteract excess brevity in other sections of the act.Simester et al. (2010). p. 298-99.
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A Dateline special on the case aired April 4, 2008, and prompted more support for Beach. On November 24, 2009, the Montana Supreme Court ordered an evidentiary hearing for the case, to determine "whether a jury, acting reasonably, would have voted to find Beach guilty beyond a reasonable doubt". Centurion Ministries made a motion asking for a new judge to hear a new appeal of Beach's conviction, which the Supreme Court of Montana approved, appointing Fergus County District Judge E. Wayne Phillips to the case. In August 2011, Beach appeared before court for the retrial.
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Dyson LJ held that the power to vary the interest rate at its discretion had to be exercised in a rational and honest way. This implied term was ‘necessary in order to give effect to the reasonable expectations of the parties.’ [36] and [42] However, in this case the bank was acting reasonably in protecting its interests. It was not grossly exorbitant. Nor was the term unfair under UCTA 1977 section 3(2)(b)(i), because part of the ‘contractual performance’ was the discretion and its exercise was what could be reasonably expected.
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In a decision supplementing the reasoning of Magistrate Judge Barksdale, Judge Davis concluded that plaintiffs' allegations failed to state a claim and that the defendant's alleged conduct failed to rise to the level of deceptive or unfair trade practices, stating that claim of deceptive trade practice "requires proof that defendant's act would likely mislead the [objective] consumer acting reasonably in the circumstances."'Casey et al. v. Florida Coastal School of Law, 3:14-cv-1229-J-39PDB, (M.D.Fla. September 29, 2015) Outcomes for 2012 graduates of InfiLaw schools Like all ABA-accredited law schools, Florida Coastal School of Law is required to survey members of its most recent graduating class to ascertain their employment status.
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Henry Austin Bruce, MP for the Merthyr Boroughs, was the employers' main spokesman during the dispute, and addressed meetings at Mountain Ash and Aberdare to present the masters' case to large crowds of workmen. At a public meeting at Aberdare, held in the Market Hall, he callied on the colliers to return to work. In his speech, Bruce recognised that his family had extensive interests in the coal industry but he also claimed that he wished to play a conciliating role in terminating the strike. In the course of a lengthy speech, Bruce argued that the owners were acting reasonably in reducing wages in view of the general economic climate and the condition of both the coal and iron trades in the district.
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Simester et al. (2010) p.295 These amount to very complex provisions.Simester et al. (2010) p.296 There is no defence of later withdrawing from the act; however, there is one of "acting reasonably" under Section 50. This takes two forms: either that the acts themselves were reasonable; or that the defendant reasonably believed in circumstances which did not exist and acted reasonably under those circumstances. The existence of this defence has been attacked by Andrew Simester and Bob Sullivan on the grounds it may be acting as a "sop" to counteract excess brevity in other sections of the act.Simester et al. (2010) p.298-99 Victims are extended the "Tyrell" defence - that one cannot aid, abet, counsel or procure an offence against oneself - although exactly when a victim is protected can be unclear.Simester et al.
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