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Pinkerton Liability Rule
The Pinkerton liability rule was pronounced by the Supreme Court of the United States in '' Pinkerton v. United States'',328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946) in 1946. Walter and Daniel Pinkerton were brothers who were charged with one count of conspiracy and ten substantive counts under the Internal Revenue Code. A jury found each of them guilty of the conspiracy and several of the substantive counts. The main issue arose from the fact that there was no evidence to show that Daniel Pinkerton participated directly in the commission of the substantive offenses, although there was evidence showing that these substantive offenses were committed by Walter Pinkerton in furtherance of the unlawful agreement or conspiracy existing between the brothers. The Pinkerton liability rule The question was submitted to the jury on the theory that each brother could be found guilty of the substantive offenses if it were found that, at the time those offenses were committed, the brothers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pinkerton V
Pinkerton or Pinkerton's may refer to: * Pinkerton (detective agency), founded in 1850 by Allan Pinkerton * '' Pinkerton v. United States'', 328 U.S. 640 (1946), a U.S. Supreme Court case Places * Pinkerton, Ontario, Canada, an unincorporated community * Pinkerton Run, Pennsylvania, United States, a stream * Pinkerton's Landing Bridge, a railroad bridge in Pennsylvania across the Monongahela River People * Al Pinkerton (), British politician and academic * Allan Pinkerton (1819–1884), Scottish-American detective and spy, founder of what would become the Pinkerton National Detective Agency * Bill Pinkerton (born 1932), Scottish football goalkeeper * Brian Pinkerton (), American fiction author * David Pinkerton (1836–1906), New Zealand politician * Godfrey Pinkerton (1858–1937), British architect * Henry Pinkerton (1915–1986), Scottish footballer * James Pinkerton (born 1958), American columnist, author and political analyst * Jay Pinkerton (born 1977), Canadian hum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conspiracy (crime)
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement to constitute an offense. There is no limit to the number participating in the conspiracy, and in most countries the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the ''actus reus'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their sentence. An unindicted co-c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Revenue Code
The Internal Revenue Code of 1986 (IRC), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code. The IRC is organized topically into subtitles and sections, covering federal income tax in the United States, payroll taxes, estate taxes, gift taxes, and excise taxes; as well as procedure and administration. The Code's implementing federal agency is the Internal Revenue Service. Origins of tax codes in the United States Prior to 1874, U.S. statutes (whether in tax law or other subjects) were not codified. That is, the acts of Congress were not organized and published in separate volumes based on the subject matter (such as taxation, bankruptcy, etc.). Codifications of statutes, including tax statutes, undertaken in 1873 resulted in the Revised Statutes of the United States, approved June 22, 1874, effective for the laws in force as of December 1, 1873. Title 35 of the Revised Statutes was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Overt Act
In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Such an act, even if innocent ''per se'', can potentially be used as evidence against someone during a trial to show participation in a crime. For instance, the purchase of a ski mask, which can conceal identity, is generally a legal act but may be an overt act if it is purchased in the planning of a bank robbery. Content The term is more particularly employed in cases of treason, which must be demonstrated by some overt or open act in some jurisdictions. This rule was enacted in the law of England ''(see the Treason Act 1547)'', and was later adopted by the United States in Article III, Section 3 of the United States Constitution, which provides that "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." In '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aiding And Abetting
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets (encourages, incites) another person in the commission of a crime (or in another's suicide). It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else". Some jurisdictions distinguish aiding and abetting from being an accessory before the fact on whether the person is present at the crime. Other jurisdictions have merged being an accessory before the fact with aiding and abetting. Canada In Canada, a person who aids or abets in the commission of a crime is treated the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Liability
Public liability is part of the law of tort which focuses on civil wrongs. An applicant (the injured party) usually sues the respondent (the owner or occupier) under common law based on negligence and/or damages. Claims are usually successful when it can be shown that the owner/occupier was responsible for an injury, therefore they breached their duty of care. The duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. Once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. Based on the injuries and the losses of the applicant, the court would award a financial compensation package. The law of insurance and public liability In the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. These bodies impose various liabilities, of which the property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
