Elements Of Affidavit

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In order for law enforcement officials to obtain an arrest warrant, there is a certain requirement that needs to be met. The law enforcement official must prepare a written search warrant affidavit and under oath swear that facts in the affidavit are true. In accordance with the Fourth Amendment, an arrest warrant requires and must meet three elements. The three required elements an arrest warrant must meet are a neutral magistrate, an affidavit, and the name of the person to be arrested.
A neutral magistrate is “a disinterested judge has to decide whether there is probable cause before officers arrest suspects” (Samaha, 2012, p.148). The Judge review all the information in the affidavit to ensure it meets “ the requirements for showing

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Battered Woman Syndrome Case Study

syndrome, the defence would use several witnesses, that in their affidavit, said things that would clearly show Ms. Stephens has the condition. First the defence would call the witness Dr. Bobby Phoenix, an expert on battered woman syndrome. He would discuss the signs and symptoms of battered woman syndrome to the jury and I would ask what his professional diagnosis would be concerning Ms. Stephens in relation to the condition. In his affidavit he admits that he “definitely” believes Ms. Stephens is a victim…

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Default Study Guide: Law Essay

Must act diligently to set aside Three months delay probably too long Court looks to whether there will be prejudice to plaintiff. Less burden on defendant if no prejudice PRODECURE Motion to set aside default and default judgment Attorney affidavit of fault or Declarations by client Competent evidence Points and Authorities Proposed answer Proposed order GROUNDS FOR SETTING ASIDE Attorney’s fault Mistake Inadvertence Surprise Excusable neglect SUMMARY JUDGMENTS::: Asks…

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Essay Criminal Justice

statements exist: ex parte in-court testimony or its functional equivalent — that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially; extra-judicial statements . . . contained in formalized testimonial materials, such as affidavits, depositions, prior testimony, or confessions; statements that were made under circumstances which would…

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smythe v thomas Essay

communicated to Dick and he was aware of it. Offer was rejected. An oral counter offer was made by Dick to Tom. The offer was communicated and Tom was aware of it. Tom rejected this offer. The sale to Harry is a valid contract constituting the essential elements of an agreement; offer and acceptance, intention, consideration, capacity, genuine consent and legality. The following conclusion can be drawn: Tom made an offer to sell his bike to Dick which was not accepted. A counter offer by Dick was rejected…

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How to Take Notes and Write Reports Essay examples

Note Taking and Report Writing Transcribing of central points is known as? 1. Note taking Note taking involves what four things? 1. Listening 2. Digesting 3. Writing 4. Re-writing (Transcribing) Notes taken during classroom presentation can be used how? 1. Study source for exams 2. Future reference 3. Cross-reference and supplements to materials that were distributed It is important to do two things in note taking. What are they? 1. Be consistent (Consistency) 2. Develop a pattern…

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Murder Research Paper

another woman. Jennifer goes to a gun shop and purchases a gun. Jennifer then goes to her husband’s work and waits for him in a parking garage. When Jennifer sees her husband trying to get into his car she shoots and kills him. Jennifer has met the elements of first degree murder. Jennifer’s murdering of her husband is willful, deliberate and premeditated. Second degree murder is a non-premeditated murder. Second degree murder can occur in situations such as impulsive killings and acts intending to…

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Tae V. Nc Pepsi Case

was employed as a vending/cooler delivery driver for defendant beginning in August 2004. Plaintiff's position required him to deliver and restock Pepsi product in stores, businesses, and freestanding vending machines on a pre-determined route. (Affidavit of Mitzi T. Gechter ¶ 5, Ex. A. to Def.'s Br. Supp. Mot. Summ. J., docket no. 22.) As part of his delivery driver responsibilities, plaintiff operated a 10,000-plus pound truck filled with defendant's merchandise on Charlotte-area streets and highways…

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Cancer Conspiracy Research Paper

Charmaine Threat GS1140 10/11/2014 The problem I’m going to solve is the cancer conspiracy in the U.S. The cure for cancer has been suppressed and hidden from the public since the 1800’s to present day. Some individuals, companies and government organizations are involved in suppressing information about treatments to keep their multi-billion dollar industry thriving. A massive conspiracy to hide perhaps the greatest cure known to mankind can be solved To understand the cancer conspiracy one most…

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Medical Malpractice Law

Over the last 30 years, primary focus has been paid to United States system for handling medical malpractice claims. Historically, this attention reflected concerns primarily about the impact of our medical liability system on the cost and availability of medical liability insurance. (Fred J. Hellinger, 2009). But recent studies have concluded that medical liability reform might not decrease healthcare costs. A report by the consumer advocacy group Public Citizen demonstrated that the total value…

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King Louis Essay

Louis Riel a Metis activist St. Francis Xavier University Department of sociology Submitted by: Sanmi Adereti Student number: 201202787 Submitted to: Professor David Lynes Submitted on: Thursday, February 19, 2015 Course: Sociology of First Nations – Soci 330 Louis Riel came to power in the height of turmoil between French and English relations. Riel was presumed the head activist for the rights of Metis and leader of two rebellions against two different governments, the Macdonald administration…

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