Search for: "Menning v. Menning" Results 1 - 20 of 12,287
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15 Jun 2024, 3:37 am by Adam Lupion, Joshua Fox and David Gobel
  A case alleging that college athletes are employees entitled to minimum wage and overtime under the Fair Labor Standards Act, Johnson et al. v. [read post]
14 Jun 2024, 4:27 am by Katitza Rodriguez
Illegal Interception (Article 8): Analysis of network traffic is also a common practice in cybersecurity; this article currently risks criminalizing such analysis and should similarly be narrowed to require malicious criminal intent (mens rea). [read post]
14 Jun 2024, 3:00 am by jonathanturley
The chief target of these efforts lately has been the author of the decision that overturned Roe v. [read post]
9 Jun 2024, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
9 Jun 2024, 4:00 am by SOQUIJ
L’infraction dont l’appelant a été reconnu coupable est celle d’avoir omis, sans excuse raisonnable, de s’arrêter et de donner ses nom et adresse après que le véhicule qu’il conduisait eut été impliqué dans un accident avec un autre véhicule. [read post]
7 Jun 2024, 5:11 am by Michael Oykhman
Examples of acts which have, in the past, met the actus reus standard for a section 86 offence include: Storing a firearm in a glovebox (see: R v Patrick, 2007 CanLII 7579 (ONSC)) Storing a firearm in a dresser (see: R v McDonald, 2016 BCSC 1648 (CanLII)) Storing a firearm by a furnace (see: R v Roussel, 2014 ABQB 202 (CanLII)) The Guilty Mind (Mens Rea) The mens rea or the guilty mind speaks to the accused’s degree of intent during the argued… [read post]
6 Jun 2024, 7:21 am by Michael Oykhman
No Mens Rea/Actus Reus If you can successfully challenge the mental or physical elements of voyeurism, you cannot be convicted. [read post]
6 Jun 2024, 5:50 am by Michael Oykhman
The Guilty Mind (Mens Rea) In addition to the actus reus, the Crown must also prove beyond a reasonable doubt the mental elements of the offence including: You intended to make, download, view, or export child pornography; or You knew or were wilfully blind as to the content of the material. [read post]
6 Jun 2024, 5:27 am by Michael Oykhman
This was discussed in the case of R v McSween (2020), ONCA 343 (CanLII). [read post]
It is arguably a necessary power in order to meet the contingencies that arise over time.In the leading American case, Jackson v. [read post]
4 Jun 2024, 3:47 am by Michael Oykhman
Furthermore, it is irrelevant whether the accused actually intended to carry out the threat, the mens rea component of the offence can still be made out. [read post]