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Topic: Legal technicality

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	Legal technicality -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-08-19)
		The term legal technicality refers to the technical niceties and exactitudes of legal procedure, which is divided into (Click link for more info and facts about criminal procedure) criminal procedure and (Click link for more info and facts about civil procedure) civil procedure.
		Some legal technicalities restrict access to courts and legal procedures or limit the discretion of a court in handing down judgment.
		In almost every case, well-established technical aspects of legal procedure have been developed and reinforced in a long tradition of appellate court decisions; usually such doctrines arise because of a perceived need to protect the rights of a specific class of persons who might otherwise suffer injustice at the hands of the legal system.
	www.absoluteastronomy.com /encyclopedia/l/le/legal_technicality.htm (318 words)

	Boston.com / News / Local / Legal technicality derails $10m redress for oil spill
		A legal technicality involving birds unexpectedly derailed a much-anticipated $10 million settlement yesterday of the environmentally calamitous Buzzards Bay oil spill.
		But the state Probation Office, which advises judges on punishments, said the total should be nearly $7 million less, arguing in a memo that a close reading of the legal documents in the case indicated that government prosecutors had charged Bouchard with killing only a single bird, even though environmentalists estimate thousands of birds died.
		In a Sept. 10 court filing, prosecutors explained themselves: "Because the statute's reference to migratory birds is in the singular, the charging language, as a matter of due process, must be drafted the same way." The filing argued that legal precedent commands the judge to consider the vast ecological damage caused by the spill.
	www.boston.com /news/local/articles/2004/09/15/legal_technicality_derails_10m_redress_for_oil_spill (458 words)

	EAP Background Reading (Site not responding. Last check: 2007-08-19)
		Legal communication includes non-verbal semiotic systems (e.g., gesture, illustrations) and a linguistic system with (at least) three levels: the grapho-phonic system (e.g., the font used in a legal document, the pace and intonation of a judge’s instructions to a jury); the lexico-grammatical system (words, morphology, syntax); and the discourse system, including genres.
		Legal technicality is also found in languages other than English and in other legal systems; for instance, Pardo (1996:36) describes legal technicality in Spanish, as does Duarte (1993:66—67) for Catalan.
		Legal interpreting is a substantial academic field in its own right, so only a brief foray into two major issues is possible: access to appropriate interpreting/translation services, including interpreter supply and certification; and the specific nature of legal interpreting and translation.
	www.uefap.co.uk /writing/research/langlaw.htm (6195 words)

	JURIST - Paper Chase: Legal attempt to free Myanmar opposition leader fails
		A submission filed with a Yangon court to force the military regime to free the NLD leader was rejected because "no affidavits had been attached to it." According to a Myanmar legal expert, the legal bid failed because court officials refused to sign the petition for fear of reprisals from Myanmar's government.
		For a one-stop snapshot of the latest legal news that matters, with breaking documents, new legal videos, live law-related webcasts, commentary by expert law professors and more - all updated through the day in real time, with no ads and no registration barriers - visit JURIST's homepage and check back often...
		Paper Chase is JURIST's real-time legal news weblog, powered by a team of 20 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law.
	jurist.law.pitt.edu /paperchase/2004/08/legal-attempt-to-free-myanmar.htm (267 words)

	Law Against Social Change
		Psychologists often advocate legal reform because they believe that psychology and law have similar values and, consequently, that the two can be partners in efforts to improve society.
		Although most of these suits are legally "unsuccessful" in that free speech rights are upheld and the activist pays no damages, the suits serve their purposes of transforming political debates into private disputes and, more significantly, tieing up activist's time and resources, bankrupting the activist, often causing the abandonment of public advocacy.
		The crippling aspect of the legality myth is the assumption that legality and its correlates of justice, obligation, and responsibility reside only in the law.
	www.dennisfox.net /papers/law-against.html (3090 words)

	The Body: Medical Marijuana: Legal Considerations
		It is analogous to the legal defense of justifiable homicide, whereby the state does not legalize killing in self-defense, but rather allows the use of self-defense as a defense to a charge of homicide.
		The significance is that normally when the state charges someone with a crime, the state bears the burden of proof, whereas with a legal defense, the person raising the defense bears the burden of proof.
		While I-692 "legalizes the medical use of marijuana," many concerns remain about the illegality of the sale and transport of marijuana under federal law, the amount of marijuana considered to be a 60-day supply, and the potential for federal action against physicians.
	www.thebody.com /step/summer99/legal.html (680 words)

	Legal Fiction Denies Due Process to Immigrants (Print) (Site not responding. Last check: 2007-08-19)
		Despite lacking technical “admission” or “entry” to the United States, parolees have legal (if not permanent) status in the United States.
		Regardless of whether or not the government’s interpretation of the immigration detention statute is legally sustainable, indefinite detentions are a significant expense to U.S. taxpayers.
		Attempts to rationalize the inherently unjust treatment of these detainees on the basis of a legal technicality are a disservice to the fundamental principles of fairness and due process that lie at the heart of our judicial system.
	www.ailf.org /ipc/legalfictionprint.asp (1329 words)

	British National Party - Chairman Nick Griffin - Working to secure a future for British children
		Disabled BNP Bradford councillor Arthur Redfearn was today studying his legal options after a tribunal ruled that he was lawfully sacked by a company he worked for.
		Though Arthur lost the case on a minor legal technicality that is changing in the near future, a highly important legal precedent has been set that will change the whole nature and scope of the Race Relations Acts in Britain.
		Please note that as this is not a BNP fund for political purposes, it does not fall within the remit of the financial restrictions imposed on the BNP or its donors.
	www.bnp.org.uk /legal/coun_redfearn.htm (1676 words)

	Backpage.com Forums - View Single Post - Media Release Taser Conducted Energy Weapons
		What are the legal restrictions on the use of a TASER conducted energy weapon; and 2.
		The body of case law concerning legal liability issues for use of a TASER conducted energy weapon generally involve liability claims brought by suspects or prisoners under Section 1983 of the Civil Rights Act (42 U.S.C.S. ß1983) claiming excessive use of force.
		The court took note of this argument, but could not consider it due to a legal technicality since it was raised for the first time in plaintiff’s reply brief.
	forums.backpage.com /showpost.php?p=116&postcount=1 (1242 words)

	Legal Secrets Revealed
		Because of lawyer monopoly of the legal services profession, 75% (American Bar Association estimate) of the lower income Americans cannot afford the cost of the legal system and therefore are denied access and their shot at justice.
		Every one in the court may know that the suspect is guilty- but a legal technicality can set him free to go on his felonious way.
		Ultimately, it is the hope of the author that Legal Secrets Revealed may show what happens even in a free democracy when any arm of government is permitted to operate in secrecy, behind closed doors and act as it's own policing agency as has been the case with the American judicial system.
	www.atps.com /shlc/shlc45.htm (2373 words)

	JS Online: Some consider discovery just a legal technicality
		Some said they considered the actions of the FBI to be a legal technicality that should have no effect on McVeigh's guilt and punishment.
		Legal experts said the decision to stay McVeigh's execution was proper and is exactly what separates the United States from other countries.
		All that being said, legal scholars agreed Friday that the burden is on McVeigh to show that he might have been found not guilty or received a lighter sentence if his lawyers would have had the FBI documents.
	www.jsonline.com /news/nat/may01/legal12s1051101.asp (712 words)

	New Page 0 (Site not responding. Last check: 2007-08-19)
		Citing the Supreme Court ruling that paved the way for the 2002 Lautenberg-Torricelli ballot switch by stating legal technicalities should not stop elections, the Hillsborough Township Committee has voted to appeal to the state Supreme Court asking the court to allow a Charter Study referendum to be placed on the ballot this year.
		The Township Committee ordinance placing a Charter Study question on the ballot was voided on a legal technicality by a Superior Court judge last year.
		“We are asking the state Supreme Court, which said a legal technicality should not stand in the way of voter choice when they allowed the Torricelli switch, to give the people of Hillsborough a choice to vote on the Charter Study.
	www.hillsborough-nj.org /news/archive/2005/scourtcharter.html (352 words)

	Conservation Groups Appeal Wolf Extermination Order (Site not responding. Last check: 2007-08-19)
		Legal efforts are underway to prevent a second extermination of wolves in the American West and to ensure the continued flexibility of the law that offers the best hope for restoring the nation's wildlife heritage.
		Both conservation groups promoted the use of the experimental designation for years as a means of reducing opposition to the reintroduction and later joined the Interior Department as defendants in the case when the reintroduction first came under legal attack.
		"The decision is wrong from a legal standpoint and even worse as a matter of common sense, said NWF Attorney Tom France, co-counsel on the appeal.
	www.defenders.org /releases/pr1997/pr123097.html (749 words)

	Jane Akre and Steve Wilson Forced To Pay Fox Legal Costs
		Jane Akre and Steve Wilson, the two former FOX Television (WTVT-13) journalists have filed appeals of a ruling that they must pay the legal costs and fees the broadcaster incurred defending itself in a landmark whistleblower case the reporters filed in 1998.
		"First, the jury’s decision is overturned on a technicality and a very narrow reading of the Whistleblower protection law, then the court sets the stage for FOX to destroy us financially," Wilson said.
		The appeal on the issue of legal fees was filed on behalf of the journalists Friday, February 28.
	www.organicconsumers.org /rbgh/030703_rbgh.cfm (789 words)

	Kevorkian Trial (Murder or Mercy Killing) (Site not responding. Last check: 2007-08-19)
		The Kevorkian murder trial was a classic example of the absurdity of our legal system when the letter of the law is manipulated to obtain a targeted result.
		To add insult to injury, when the jury asked for a legal dictionary (murder?), the judge denied it telling them not to do any legal research of their own and to just follow the instructions given to them by the judge.
		Jury nullification is the only means by which a jury can defeat unjust manipulation of legal technicality or a law that itself is blatantly absurd.
	www.proaxis.com /~randau2/rt-todie/kevorkin.htm (387 words)

	Legal technicality puts Linux programmers at risk - Printer friendly - ZDNet UK News (Site not responding. Last check: 2007-08-19)
		A technicality in the installation process of package managers in several Linux distributions has highlighted a legal problem that could nullify liability disclaimers with some Linux software, according to Australian software house Bowerbird Computing.
		Matthew Parry, founder of Bowerbird recently posted a press release suggesting that because disclaimers do not appear before installation on several distributions, Linux developers could be open to law suits if their programs cause problems.
		These legal technicalities may pose a threat to programmers of free Linux applications, but it is also an issue for independent programmers of any software.
	www.zdnet.co.uk /print?TYPE=story&AT=2075066-39020390t-10000004c (624 words)

	Green Party of the United States
		To suggest that Kerry and Edwards should be deposed to address a legal technicality while Mr.
		Blackwell's intention to depose Kerry and Edwards was made known by Ohio Attorney General Jim Petro in the latest round of legal filings concerning the Ohio recount.
		In February, Federal Judge Edmund Sargus in Columbus asked the parties in the Ohio recount case to submit filings to his court addressing whether the litigation should be transferred and consolidated with a Toledo case brought last November seeking to expedite the start of the recount.
	www.commondreams.org /news2005/0302-06.htm (497 words)

	Pledging Allegiance to More Constitutional Uncertainty?
		Just as we predicted, the Supreme Court didn’t do anyone any favors a year ago by relying solely on a legal technicality to overturn the 9th Circuit’s misguided Pledge of Allegiance decision.
		The Pledge of Allegiance Decision: Imprudently Standing on a Technicality.”) The constitutional case against the Pledge is back, and the First Amendment is broken again.
		Legal Issues News Protection for individual freedom provided by the rule of law news Educating the public through legal commentary news Latest legal issues affecting individual freedoms news Official legal websites news Supreme Court Docket Summary By Thomas Goldstein news Humorous court case news
	www.cfif.org /htdocs/legal_issues/legal_updates/first_amendment_cases/pledge-of-allegiance-uncertainty.htm (395 words)

	Marijuana Policy Project: Nevada (Site not responding. Last check: 2007-08-19)
		CARSON CITY -- Initiative petitions to restrict smoking in public places and to allow adults to possess a small amount of marijuana have failed on a legal technicality according to an opinion issued by the state attorney general's office Monday, and the issue is headed for the courts.
		Buffy Martin of the American Cancer Society said Monday, "We're moving forward with legal action" to challenge the opinion of the state Attorney General's Office that 83,156 signatures of registered voters were needed to present the petitions to the 2005 Legislature.
		Senior Deputy Attorney General Joshua J. Hicks issued a legal opinion Monday that the Nevada Constitution requires a petition must have at least 10 percent of the voters who cast ballots at the last preceding general election -- 2004.
	www.mpp.org /NV/news_834.html (719 words)

	Easy Reader Story
		It is interesting to note that Mayor Hill previously purported that because of a legal technicality (circumvented the City Charter?) his appointees were not sworn in.
		The legal technicality has overruled the practical consideration so Mayor Hill should follow the precedent and be held accountable for circumventing the law.
		By the way, where were the city attorney and his hired outside legal advisor to prevent the legal technicality from occurring at the 17 May 2005 City Council Meeting?
	easyreader.hermosawave.net /news2002/storypage.asp?StoryID=20026487&IssuePath=news2005/0609 (821 words)

	James Grippando :: Harper Collins Publishers
		Jack Swyteck is a talented Miami defense attorney who handles only murder cases - the worst cases, where victims are mercilessly butchered and their killers have no remorse and no defense, except legal "technicalities." His father is Harold Swyteck, Florida's "law and order" governor, a staunch proponent of the death penalty.
		Jack has spent years rebelling against his domineering father until he is forced on the eve of a controversial execution to make a personal plea for his client, a condemned man who Jack believes is innocent.
		Two years later, Jack is again in the news when he uses a legal technicality to gain an acquittal for admitted rapist and murderer Eddy Goss.
	www.jamesgrippando.com /books/pardon.html (451 words)

	USATODAY.com - Saddam might exploit every legal technicality (Site not responding. Last check: 2007-08-19)
		He refused even to sign papers indicating that he had been apprised of the charges against him because his lawyers were not present.
		International legal experts said the importance of giving Saddam a fair and public trial outweighs the political risks of providing him a world stage he can use to stir up trouble in Iraq and throughout the Arab world.
		The court is unlawful, he suggested Thursday, because it was set up under "law of the occupying forces." As Iraq's lawful president, Saddam suggested, he remained immune from prosecution for official acts.
	www.usatoday.com /news/world/iraq/2004-07-01-tribunal-usat_x.htm (967 words)

	[No title]
		As with most other legal matters, there is a tendency to try and keep such matters quiet, but occasionally they do spill over into public view.
		It is not surprising then that the legal technicalities of the patent system gain the most study.
		As a technical point, the patent office maintains that algorithms per se are not patentable.
	www.base.com /software-patents/lpf/industry-at-risk (12150 words)

	Letter to Marzuki Darusman, Attorney-General, Republic of Indonesia (Human Rights Watch Press release, ) (Site not responding. Last check: 2007-08-19)
		We are concerned that efforts to try suspects in the RATA killings in the newly established human rights court are falling afoul of a legal technicality, and we believe that you as Attorney General may have the power to ensure that this technicality is overcome.
		But we are also concerned that your office is presenting the case as a stark choice between keeping the suspects in detention and prosecuting them in a court that lacks credibility, or releasing them pending investigation under the new human rights legislation.
		Since the human rights courts are not yet functional, despite the law being in place, and since appointment of the courts' judges awaits action by the Supreme Court, they may also believe that prosecution in a flawed koneksitas court is better than long delayed justice in a human rights court.
	www.hrw.org /press/2001/03/marzukiletter.htm (860 words)

	florida column
		Abe Bonowitz, who leads Floridians for Alternatives to the Death Penalty, argues that eliminating funding for death row legal representation probably would lead to increased costs down the road and a higher probability of executing innocent people.
		Holton wasn't released from death row on a "technicality." New evidence exonerated him, along with the admission by witnesses that they lied.
		Frank Lee Smith was another man cleared of a murder charge after DNA evidence proved his innocence.
	www.ncadp.org /html/florida_column.html (697 words)

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