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Aiding and abetting definition ukase

Residence of a legal voter. Pope v. Board of Election Com'rs, Ill. Fixed place of residence for the time being. Augustus Co. Manzella, 19 N. Kurilla v. Roth, N. See Domicile; Residence. General abode. See Residence. See Ability. In the civil law, a great-great-grandmother's sister abavire soror.

Called matertera maxima. Abnepos lrebnepo w sl. A great-great-grandson. The grandson of a grandson or granddaughter. An advocate. See Bozero. Of old. To do away with wholly; to annul; to repeal; to rescind; to abrogate; to dispense with.

Put an end to. Stretch v. Murphy, Or. Applies particularly to things of a permanent nature, such as institutions, usages, customs, as the abolition of slavery. See Abolish. The destruction, annihilation, abrogation, or extinguishment of anything. In the Civil, French and German law, abolition is used nearly synonymously with pardon, remission, grace. With good reason; justly; rightfully. Yankton Sioux Tribe of Indians v.

State of S. The woman upon whom an abortion is performed. Drug or medicine capable of, or used for, producing abortion. As used in legal context, usually refers to induced abortion. For the law relating to abortion see Roe v.

Wade, U. See also Viability; Viable child. One who performs abortions. An aborted fetus. Near in time, quantity, number, quality, or degree. Substantially, approximately, almost, or nearly. Odom v. Langston, Mo. ABOUT 8 When used with reference to time, the term is of flexible significance, varying with the circumstances and the connection in which it is employed. But its use does not necessarily render time immaterial, nor make a contract one terminable at will. Its import is that the actual quantity is a near approximation to that mentioned, and it has the effect of providing against accidental variations.

Wright, U. It may be given practically the same effect as the phrase more or less. Near by, close at hand, convenient of access. Brown v. As to number, it merely implies an estimate of a particular lot or class and not a warranty. To annul, cancel, revoke, repeal, or destroy.

To annul or repeal an order or rule issued by a subordinate authority; to repeal a former law by legislative act, or by usage. To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. To hide, conceal, or absent oneself clandestinely, with the intent to avoid legal process. Postponing limitations. Keck v. Pickens, Ark. Fleeing from arresting or prosecuting officers of the state.

See Fugitive. Higher; superior. As, court above; plaintiff or defendant above. Above all incumbrances means in excess thereof. Principal, as distinguished from what is auxiliary or instrumental. It sometimes means uncle, and sometimes great-uncle. To reduce or contract; to diminish or curtail.

Usually spoken of written language. See Abridgment. Copyright law. To epitomize; to reduce; to contract. It implies preserving the substance, the essence, of a work, in language suited to such a purpose. To abridge requires the exercise of the mind; it is not copying. A compilation consists of selected extracts from different authors; an abridgment is a condensation of the views of one author. Ex parte Lum Poy, D. See also Annul; Repeal.

Absconding debtor. A debtor who has intentionally concealed himself from his creditors, or withdrawn himself from the reach of their suits, with intent to frustrate their just demands. The state of being absent, removed, or away from one's domicile, or usual place of residence.

Not present at particular time; opposite of appearance at a specified time. See also Seven years' absence. Being away from; at a distance from; not in company with. Absente Irebsentiy I. Being absent; often used in the old reports of one of the judges not present at the hearing of a cause. Condensation; contraction.

Abridgments of the law are brief digests of the law, arranged alphabetically. One who is absent from his usual place of residence or domicile. As used in First Amendment U. Keene v. Meese, D. Absentee voting. Participation usually by mail in elections by qualified voters who, because of serious illness, military service, or absence because of travel or other reasons, are unable to appear at the polls in person on election day.

See a lso Proxy with respect to absent voting by stockholder. Abridgment of damages. The right of the court to reduce the damages in certain cases. See Remittitur. In English chancery law, beyond the seas.

The defendant being absent. Absentee landlord. Lessor of real property normally the owner who does not live on the premises. The absence of him who is away in behalf of the republic on business of the state ought not to be prejudicial either to him or to another. An absolute sentence or proposition one that is plain without any scruple, or absolute without any saving needs not an expositor.

Free from conditions, limitations or qualifications, not dependent, or modified or affected by circumstances; that is, without any condition or restrictive provisions. Button v. Day, Va. Absolute deed. See Deed. Absolute law. See also Natural law. Absolute liability. Rylands v. Fletcher, 3 H. Cromwell-Wright Co. See Strict liability. Completely; wholly; without qualification; without reference or relation to, or dependence upon, any other person, thing, or event.

Thus, absolutely void means utterly void; that which the law or nature of things forbids to be enforced at all. Collins v. In Canon Law, a juridical act whereby the clergy declare that the sins of such as are penitent are remitted. Among Protestants it is chiefly used for a sentence by which a person who stands excommunicated is released or freed from that punishment. In the Civil Law, a sentence whereby a party accused is declared innocent of the crime laid to his charge.

In French Law, the dismissal of an accusation. In politics, a system of government in which public power is vested in some person or persons, unchecked and uncontrolled by any law, institution, constitutional device, or coordinate body. A government which is run by a dictator whose power is without restriction and without any checks or balances. To set free, or release, as from obligation, debt, or responsibility. State ex reI. Louis Car Co. Hughes, Mo. See also Amnesty; Pardon; Release.

Act or process of absorbing. Humphrey v. Moore, Ky. Costs not passed on to customer. Occurs in phrases taken from the Latin;. A term used of a free grant by the crown. In old practice, without the consideration of the court; without judgment. Without this. See also Traverse. See Waste. A form of replication, now obsolete, in an action ex delicto which works a general denial of the whole matter of the defendant's plea of de injuria.

Abstention doctrine. Surowitz v. New York City Emp. Retirement System, D. Pullman Co. See also Equitable abstention doctrine; Pullman abstention. Refraining completely from indulgence in some act such as eating or drinking, unlike temperance which presupposes moderate indulgence. Mayfield v. A transcript is generally defined as a copy, and is more comprehensive than an abstract. Summary or epitome, or that which comprises or concentrates in itself the essential qualities of a larger thing or of several things.

Robbins Inv. Robbins, 49 Cal. Abstract I; bstrrektl, v. To take or withdraw from; as, to abstract the funds of a bank. To remove or separate. To summarize or abridge. Indemnity Ins. Abstract of a fine. Abstract of record. Reichmann, Mo. Abstract of title. An epitome of the record evidence of title, including maps, plats, and other aids. Commissioners' Court of Madison County v. Wallace, Tex. Freeman v. Abstracters Board of Examiners, 99 Mont. Doria v. Ferguson, Ohio St.

See also Torrens title system. Abstract question. Morris Plan Bank of Fort Worth v. Ogden, Tex. See also Hypothetical question; Moot. Anything which is so irrational, unnatural, or inconvenient that it cannot be supposed to have been within the intention of men of ordinary intelligence and discretion. Obviously and flatly opposed to the manifest truth; inconsistent with the plain dictates of common sense; logically contradictory; nonsensical; ridiculous.

Abundant or extreme caution does no harm. From the founding of the city. See A. Everything which is contrary to good order established by usage. Physical or mental maltreatment. Neubauer, 2 Conn. See Defamation. Child abuse. See Child abuse. Civil law. The destruction of the substance of a thing in using it. See Abuse, v. Corporate franchise or entity. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done.

The use of rights or franchises as a pretext for wrongs and injuries to the public. It is a strict legal term indicating that appellate court is of opinion that there was commission of an error of law by the trial court. Draper, 83 Utah , 27 P. Beck v. A judgment or decision by an administrative agency or judge which has no foundation in fact or in law. Harvey v. State, Okl. Drug abuse. See that title. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration.

Lee v. State, Ala. Ard v. State, 57 Ala. See also Female child. Carnal abuse; Child abuse. Police officer. Swenson v. Cahoon, Fla. Publix Drug Co. Breyer Ice Cream Co. A malicious abuse of legal process occurs where the party employs it for some unlawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it. Vasquez, 67 Misc. Thus, where the pm'pose of a prosecution for issuance of a check without funds was to collect a debt, the prosecution is an abuse of criminal process.

Union Agency, Tenn. Lobel v. Trade Bank of New York, Misc. Fundamental elements of this tort are an ulterior purpose, and a willful act in the use of process not proper in the regular conduct of the proceeding. Merchants Collection Ass'n of Oakland, Inc. See also Malicious abuse of legal process; Malicious use of process. To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use.

Abused and neglected chlldren. See Abuse Female child ; Child abuse. Tending to deceive; practicing abuse; prone to ill-treat by coarse, insulting words or harmful acts. To reach; to touch. To touch at the end; be contiguous; join at a border or boundary; terminate on; end at; border on; reach or touch with an end.

The buttings or boundings of lands, showing to what other lands, highways, or places they belong or are abutting. One whose property abuts, is contiguous, or joins at a border or boundary, as where no other land, road, or street intervenes. Abutting owner. An owner of land which abuts or adjoins. The term usually implies that the relative parts actually adjoin, but is sometimes loosely used without implying more than close proximity.

See Abut; Adjoining owners. Anno Christi, the year of Christ. Sisters of Mercy v. Town of Hooksett, 93 N. A question or issue which is not relevant to case or is premature or hypothetical. In re Battell's Will, N. See Academic question. Academic freedom. Right to teach as one sees fit, but not necessarily the right to teach evil.

Kay v. The term encompasses much more than teaching-related speech rights of teachers. Cary v. Board of Ed. Academic question. A hypothetical or moot question. In re Electrolux Corp. See Hypothetical question. An institution of higher learning.

Jacovides v. Day, C. In current usage, term commonly refers to private high school or one of the service academies e. Air Force Academy. See School. From the heavens to the center of the earth. Or more fully, Cujus est solum ejus est usque ad crelum et ad inferos. The owner of the soil owns to the heavens and also to the lowest depths.

Or, Cujus est solum est u sque ad crelum,-the owner of the soil owns to the heavens. This doctrine has, however, been abrogated; the flight of airplanes and oil and gas regulations have qualified the owner's dominion not only in the heavens but in the lowest depths. See Air rights.

A cancellando ley krens::llci! From cancelling. A cancellis curire explodi ley krensel::ls kyuriyiy ekspl6wday I. To be expelled from the bar of the court. In French feudal law, a species of relief; a seignorial right due on every change of a tenant.

A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to that species of heritable estates which were granted on the contract of emphyteusis. A causa de cy ley k6z::l d::l siy I. For this reason. That you go to court. An original writ out of chancery directed to the sheriff, for the purpose of removing a replevin suit from a Court Baron or a hundred court to one of the superior courts of law.

It directs the sheriff to go to the lower court, and enroll the proceedings and send up the record. To consent; agree. Accelerated Cost Recovery System. Instituted by the Economic Recovery Tax Act of , and modified by Tax Reform Act of , the system places assets into one of various recovery periods and prescribes the applicable percentage of cost that can be deducted each year.

See also Asset Depreciation Range. Accelerated depreciation. Blackwell v. Virginia Trust Co. Elliott v. Brintlinger, Ill. Aberg v. First Nat. Bank in Dallas, Tex. A remedy used where there has been an anticipatory repudiation or a possibility of a future breach.

Rose City Transit Co. City of Portland, 18 Or. Acceleration clause. Such clause operates when there has been a default such as nonpayment of principal, interest, or failure to pay insurance premiums. General Motors Acceptance Corp. Shuey, Ky. Acceleration of remainders. Hastening of owner of remainder interest in property toward status of present possession or enjoyment by reason of failure preceding estate. First Nat'l Bank in Dallas, Tex.

Acceleration premium. To receive with approval or satisfaction; to receive with intent to retain. Morris v. State, Ark. Admit and agree to; accede to or consent to; receive with approval; adopt; agree to. Rocha v. Hulen, 6 Cal. Means something more than to receive, meaning to adopt, to agree to carry out provisions, to keep and retain.

In the capacity of drawee of a bill, means to recognize the draft, and engage to pay it when due. Aetna Inv. Corporation v. In re Larney's Estate, Misc. Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification. Certification of a check is acceptance. See also Acceptor; Banker's Commercial paper.

Corporation, S. A manifestation of assent to terms thereof made by offeree in a manner-invited or required by offer. K-Line Builders, Inc. First Federal Sa. The offeree's notification or expression to the offeror that he or she agrees to be bound by the terms of the offeror's proposal. A contract is thereby created.

The trend is to allow acceptance by any means that will reasonably notify the offeror of the acceptance. See also Confirmation; Offer and acceptance. Acacia Mut. Life Ass'n v. Berry, 54 Ariz. French American Banking Corporation v. Fireman's Fund Ins. Limbaugh v. Monarch Life Ins. Baker v. Acceptance of a part of any commercial unit is acceptance of that entire unit. Sale of goods. Types of acceptance. An engagement to pay the draft or accept the offer on the happening of a condition. An undertaking in direct and express terms to perform the terms of the contract, pay the bill, draft, etc.

An undertaking to pay the draft inferred from acts of the drawee of a character which fairly warrant such an inference. One either conditional or partial, and which introduces a variation in the sum, mode, or place of payment. In negotiable instruments, a variation in the terms of the instrument by the acceptor. Acceptance in case of need.

An acceptance by one whom a bill is drawn au besoin, that is, in case of refusal or failure of the drawee to accept. Acceptare Ireksepteriy I. To accept; to assent; to assent to a promise made by another. In French law, acceptor of a bill of honor.

In the civil and Scotch law, release made by a creditor to his debtor of his debt, without receiving any consideration. It is a species of donation, but not subject to the forms of the latter, and is valid unless in fraud of creditors.

The person the drawee who accepts a draft and who engages to be primarily responsible for its payment. One who accepts a bill which has been protested, for the honor of the drawer or any one of the indorsers. Sometimes importing the occurrence of sexual intercourse, Jackson v. See Access, easement of. Meyer, D. Musto v. Multiple access. Yarmark v. Strickland, So.

The right of access to public records includes not only a legal right of access but a reasonable opportunity to avail oneself of the same. See Freedom Public records. See Accessory. Second, a nation may accede to a treaty between other nations solely for the purpose of guarantee, in which case, though a party, it is affected by the treaty only as a guarantor.

See Adhesion. Goods which are installed in or affixed to other goods. See also Fixture. An easement of access is the right which an abutting owner has of ingress to and egress from his premises, in addition to the public easement in the street.

That which is the accessory or incident does not lead, but follows, its principal. An accessory follows the nature of his principal. One who is accessory to a crime cannot be guilty of a higher degree of crime than his principal. Accessio includes both accession and accretion as used in the common law. See Adjunction. Coming into possession of a right or office; increase; augmentation; addition.

The right to all which one's own property produces, whether that property be movable or immovable; and the right to that which is united to it by accession, either naturally or artificially. The right to own things that become a part of something already ' owned; e. Manry v. Robison, Tex. See Accretion. IDS Leasing Corp.

Leasing Associates, Inc. The commencement or inauguration of a sovereign's reign. It may be of two International law. Anything which is joined to another thing as an ornament, or to render it more perfect, or which accompanies it, or is connected with it as an incident, or as subordinate to it, or which belongs to or with it. Adjunct or accompaniment.

Louis Werner Saw Mill Co. White, La. A thing of subordinate importance. Gilfoil v. Greenspon, La. Criminal law. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, not as a chief actor, but as a participator, as by command, advice, instigation, or concealment; either before or after the fact or commission; a particeps criminis. One who is not the chief actor in the offense, nor present at its performance, but in some way concerned therein, either before or after the act committed.

One who aids, abets, commands, or counsels another in the commission of a crime. See also Abettor; Aid and abet; Accomplice. A person who, knowing a felony to have been committed by another, receives, relieves, comforts or assists the felon, in order to enable him to escape from punishment, or the like.

Robinson v. State, 5 Md. See also Harbor; Obstructing justice. Accessory after the fact. Leach, Pa. Virtually all states have now expressly abrogated' the distinction between principals and accessories before the fact; the latter now being classified as principals. Accessory before the fact. One who stands by without interfering or giving such help as may be in his power to prevent the commission of a criminal offense.

Accessory building. Structures used for benefit of main building; e. Accessory contract. Accessory obligation. Accessory use. Town of Foxborough v. A use which is subordinate to, clearly incidental to, customary in connection with, and ordinarily located on same lot with, principal use. Board of County Com'rs of Boulder County v. Thompson, Colo. Access to counsel. Right of one to consult with his attorney as guaranteed by the 6th Amendment, U. Geders v. See also Counsel, right to.

Access to courts. Gilmore v. Lynch, D. Kochring Co. American Auto. Ohio Casualty Ins. Marr, C. See also Hit and run accident. Insurance contract. The G. Booth, U. See also Perils of the sea. Maritime law. Unavoidable accident. One which is not occasioned in any degree, either directly or remotely, by the want of such care and prudence as the law holds every man bound to exercise. Vincent v. Johnson, Tex. Woodiwiss v.

Rise, 3 Wash. One which occurs while all persons concerned are exercising ordinary care, which is not caused by fault of any of persons and which could not have been prevented by any means suggested by common prudence. Cavanaugh v.

Jepson, Iowa, N. See also Unavoidable accident. Workers' compensation acts. Green Refractories Co. Workmen's Compensation Appeal Bd. As referred to in Act is an unlooked for and untoward event which is not expected or designed by injured employee; a result produced by a fortuitous cause. Reams v. Accident policy. Happening by chance, or unexpectedly; taking place not according to usual course of things; casual; fortuitous.

Norris v. New York Life Ins. Travelers Ins. See also Accident. Accidental cause. That which produces result which is not foreseen; producing an unexpected effect. Flint Bd. See also Accidental. Accidental death. Sanders v. Metropolitan Life Ins.

Accidental death benefit. Maneval v. Lutheran Bros. Accidental killing. Accidental means. Injury resulting from unintended, unforseeable, and unexpected cause. Accidental vein. See Vein. Accident proneness. Tendency towards being involved in or contributing to accidents. Accidere Ireksidariy I. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to be satisfied out of assets quando acciderint; i.

In Spanish law, a right of action; also the method of judicial procedure for the recovery of property or a debt. To accept anything as a reward for doing justice is rather extorting than accepting. Accipitare Ireksipateriy I. Capitali domino accipitare, i. Feudal law. A husbandman; an agricultural tenant; a tenant of a manor. A name given to a class of villeins in Italy.

In maritime law, a contract between the owner of goods and the master of a ship, by which the former intrusts the property to the latter to be sold by him on their joint account. One party runs the risk of losing his capital; the other, his labor. If the sale produces no more than first cost, the owner takes all the proceeds. It is only the profits which are to be divided. Accommodated party.

One to whom the credit of the accommodation party is loaned, and is not necessarily the payee, since the inquiry always is as to whom did the maker of the paper loan his credit as a matter of fact; not third person who may receive advantage. See also Accommodation party. An arrangement or engagement made as a favor to another, not upon a consideration received.

Something done to oblige, usually spoken of a loan of money or commercial paper; also a friendly agreement or composition of differences. The word implies no consideration. See Accommodation maker. Accommodation bill or note. Accommodation indorsement. See Indorsement. Accommodation indorser. A party who places his name to a note without consideration for purpose of benefiting or accommodating some other party.

See also Indorsement. Accommodation lands. Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent. Accommodation line. Insurance policies accepted by insurer because agent or brokers account in general is satisfactory, even though specific policy would otherwise likely not be acceptable.

Accommodation loan. Accommodation maker. One who puts his name to a note without any consideration with the intention of lending his credit to the accommodated party. In re Chamberlain's Estate, Cal. Accommodation note. Accommodation paper. Hickox v. Hickox, Tex. Morrison v. Painter, Mo. Accommodation party.

Such party is a surety. Accommodation road. See also Easement. C 2 B ii , under the residual provision in 18 U. United States does not apply to the question whether the statute triggers a level sentence enhancement for illegal reentry after deportation, as a "burglary of a structure" enumerated offense, since USSG 2L1. United States v. Mukasey, F. Attorney General, F. May 2, "The Courts of Appeals have transplanted that categorical approach into the INA because of obvious similarities between the two inquiries.

The plain language of the INA, like e , mandates that the alien was "convicted" of the prior offense designated in the INA as an "aggravated felony. Therefore, the INA, like e , requires a comparison of the prior conviction to the generic definition of the pertinent aggravated felony - in this case, a 43 M i and U.

The rationale is not just a textual one, however. Courts have adopted categorical approaches for the INA also because the INA inquiry involves the same sorts of practical difficulties and fairness concerns underlying the Supreme Courts decisions in Taylor and Shepard. As the Second Circuit explained, "the BIA and reviewing courts are ill-suited to readjudicate the basis of prior criminal convictions. See also id. As the Second Circuit also recognized, the categorical approach promotes basic precepts of fairness.

By permitting the BIA to remove only those aliens who have actually or necessarily pleaded to the elements of a removable offense, our holding promotes the fair exercise of the removal power". Narvaez"Gomez, F. Jaimes"Jaimes, F. Alfaro, F. Quezada-Luna, F. Ukase, F. Mungia-Portillo, F. Izaguirre-Flores, F. Dominguez-Ochoa, F. Mendoza-Sanchez, F. Both approaches are rooted in Taylor v.

See Izaguirre-Flores, F. Recently a panel of this court articulated that the methodology employed depends upon whether the prior offense constitutes a crime of violence 1 because it is an enumerated offense or 2 because it has as an element the use or attempted use of force.

See Mendoza-Sanchez, F. If it is the former, then the common sense approach is used; if it is the latter, then the categorical approach is used. See id. Rodriguez-Escareno, F. Rodriguez, F. Ashcroft, Fed. Mendez-Casarez, F. Richardson, N. Cornelio-Pena, F. Guerrero-Robledo, F. Ferguson, S. Gomez-Gomez, F. Penal Code b , committed using nonphysical force, qualifies as a "forcible sex offense" and thereby a "crime of violence" under U. Sandoval-Ruiz, F. Cardenas-Cardenas, F. Rosas-Pulido , F.

May 2, Minnesota conviction for unlawful sexual contact, in violation of M. Najera-Najera, F. Rojas-Gutierrez, F. Carbajal-Diaz, F. Castillo-Morales, F. Note: while the appellant raised the issue of whether the prior offenses must be found by a jury to convict of illegal re-entry, the appellant apparently did not raise the issue of whether Georgias sentencing scheme could alter the nature of the offense from simple possession to drug trafficking , absent as specific finding by a jury.

It adds that [t]he total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress. Note: The court here tries to distinguish United States v. Beliew, F. Rayo-Valdez, F.

Palacios-Suarez, F. Holder, F. Williams, F. We have never recognized a distinction between the two. Both terms are virtually identical to Mendez-Sosa, F. Gallegos-Galindo, F. Note: RCW 9A. The statute does not contain any further elements. Without conducting any analysis of Washington case law to determine whether any judicially identified elements exist, and thus whether the statute could be considered divisible, the Court found it could skip the categorical analysis, and apply directly the modified categorical analysis.

This allowed the court to conclude the offense was a forcible sex offense which includes any non-consensual sexual intercourse, because the factual basis specified that no consent had been given. The court did not cite Aguila-Montes de Oca, F. Zamorano-Ponce, F. Flores-Mejia, F. Rivera, F. Corona"Sanchez, F. Rodriquez, U. Castro, F.

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These early statutes were repealed in , and supplanted by 18 U. Section 2 b was also added to make clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.

It removes all doubt that one who puts in motion or assists in the illegal enterprise or causes the commission of an indispensable element of the offense by an innocent agent or instrumentality is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense. Subsection a of Section 2 was amended to its current form in to read, "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

Since , the Securities and Exchange Commission has filed a number of complaints related to the aiding and abetting of securities fraud. Aiding and abetting is also a legal theory of civil accessory liability. To prove accessory liability through "aiding and abetting," the plaintiffs must prove three elements:. The Accessories and Abettors Act provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself.

Section 8 of the Act, as amended, reads:. Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. Section 10 states that the Act does not apply to Scotland.

The rest of the Act was repealed by the Criminal Law Act as a consequence of the abolition of the distinction between felonies and misdemeanours. From Wikipedia, the free encyclopedia. This article is about the legal doctrine. For the novel, see Aiding and Abetting novel. See also: White collar crime. Bankruptcy Crimes Third Edition. Jury instructions in criminal antitrust cases. Hodorowicz — F. June 13, Retrieved 2 September Quotation: "[A]ny one who assists in the commission of a crime may be charged directly with the commission of the crime".

US Justice Department. January It cites United States v. Peoni , F. It is not enough that the defendant merely associated with the person committing the crime, or unknowingly or unintentionally did things that were helpful to that person, or was present at the scene of the crime. The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [ specify crime charged ].

A defendant acts with the intent to facilitate the crime when the defendant actively participates in a criminal venture with advance knowledge of the crime [and having acquired that knowledge when the defendant still had a realistic opportunity to withdraw from the crime]. The government is not required to prove precisely which defendant actually committed the crime and which defendant aided and abetted. United States , S. The intent requirement is satisfied when a person actively participates in a criminal venture with advance knowledge of the circumstances constituting the elements of the charged offense.

Goldtooth , F. In Rosemond , the defendant was charged with aiding and abetting the crime of using a firearm during and in relation to a drug-trafficking crime in violation of 18 U. The Supreme Court held that the government need not necessarily prove that the defendant took action with respect to any firearm, so long as the government proves that the defendant facilitated another element—drug trafficking.

Rosemond , S. It was necessary, however, that the government prove that the defendant had advance knowledge of the firearm. See Instruction 8. If, as in Rosemond , there is an issue as to when the defendant learned of a particular circumstance that constitutes an element of the crime, the judge should further instruct the jury that the defendant must have learned of the circumstance at a time when the defendant still had a realistic opportunity to withdraw from the crime.

See Rosemond , S. Aiding and abetting is not a separate and distinct offense from the underlying substantive crime, but is a different theory of liability for the same offense. United States v. Garcia , F. An aiding and abetting instruction is proper even when the indictment does not specifically charge that theory of liability , because all indictments are read as implying that theory in each count.

Vaandering , 50 F. Armstrong , F. Jones , F. See also United States v. Gaskins , F. Sayetsitty, F.

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THE BASICS OF SPORTS BETTING

Warren, Mont. Anything sequestered, proscribed, or abandoned. Before; in advance. Thus, a legislature cannot agree ab ante to any modification or amendment to a law which a third person may make. Beforehand; in advance. From old times; from ancient time; of old; of an ancient date. To discover and disclose to a magistrate any secret crime. From things to which one is accustomed or in which there has been long acquiescence no legal injury or wrong arises.

If a person neglects to insist on his right, he is deemed to have abandoned it. Abatable nuisance. Muncy, Tex. In old English law, an abatement of freehold; an entry upon lands by way of interposition between the death of the ancestor and the entry of the heir.

To abate. To throw down, to beat down, destroy, quash. To do away with or nullify or lessen or diminish. In re Stevens' Estate, Cal. To bring entirely down or demolish, to put an end to, to do away with, to nullify, to make void, Sparks Milling Co. Powell, Ky. A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent.

A proportional diminution or reduction of the pecuniary legacies, when the funds or assets out of which such legacies are payable are not sufficient to pay them in full. See Ademption, infra, as to specific legacies and devises. See Nuisance. Plea in abatement. See Plea. Diminution or decrease in the amount of tax imposed.

Abatement of taxes relieves property of its share of the burdens of taxation after the assessment has been made and the tax levied. Sheppard v. Hidalgo County, Tex. Abatement of action. Carver v. State, Tenn. See Dismissal; Vacate. Pleas in abatement have been abolished by Fed. In certain states however this plea still exists to attack jurisdiction, or service of process, or to allege that a prior action between the same parties concerning the same subject matter is pending.

In real property law, a stranger who, having no right of entry, contrives to get possession of an estate of freehold, to the prejudice of the heir or devisee, before the latter can enter, after the ancestor's death. In the law of torts, one who abates, prostrates, or destroys a nuisance. Anything diminished. Moneta abatuda is money clipped or diminished in value. A great-great-grandfather's sister.

This is a misspelling for abamita q. In the civil law, a great-great-grandmother's brother avavioe frater. Called avunculus maximus. A form of punishment in the Middle Ages. Blinding by placing burning basin or red-hot irons before the eyes. The government of a religious house, and the revenues thereof, subject to an abbot, as a bishopric is to a bishop.

The rights and privileges of an abbot. A monastery or nunnery for the use of an association of religious persons, having an abbot or abbess to preside over them. A prelate in the 13th century who had had an immemorial right to sit in the national assembly. Abbot, abbat.

The spiritual superior or governor of an Feminine, Abbess. An abstract of ancient judicial records, prior to the Year Books. See Forestalling the market. See Abuttals. ABC test. Employment Sec. Commission v. Wilson, Alaska, P. See Independent contractor. ABC transaction. Later, A sells the reserved production payment to C for cash. The tax advantages of this type of transaction were eliminated by the Tax Reform Act of Also, where a magistrate or person in office voluntarily renounces or gives it up before the time of service has expired.

It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands, as an inferior into the hands of a superior; abdication is the relinquishment of an office which has devolved by act of law. It is said to be a renunciation, quitting, and relinquishing, so as to have nothing further to do with a thing, or the doing of such actions as are inconsistent with the holding of it.

An abditory or hiding place, to hide and preserve goods, plate or money. The offense of taking away a wife, child, or ward, by fraud and persuasion, or open violence. To take away surreptitiously by force in kidnapping.

The unlawful taking or detention of any female for purposes of marriage, concubinage, or prostitution. In many states this offense is created by statute and in most cases applies to females under a given age. State, Tex. See also Alienation of affections; Kidnapping. Behavior; as a recognizance to be of good abearance signifies to be of good behavior. An officer having charge of the correspondence epistolce of his superior or sovereign; a secretary. Aberemurder Irebarm;kdar I.

From Sax. Plain or downright murder, as distinguished from the less heinous crime of manslaughter, or chance medley. In the civil law, to be absent; to be away from a place. Said of a person who was extra continentia urbis, beyond the suburbs of the city. To encourage, incite, or set another on to commit a crime. This word is usually applied to aiding in the commission of a crime. To abet another to commit a murder is to command, procure, counsel, encourage, induce, or assist.

Wyatt v. To facilitate the commission of a crime, promote its accomplishment, or help in advancing or bringing it about. Lord, 42 N. J-R Distributors, Inc. See also Abettor; Accomplice; Aid and abet. In old English law, an abettor. See Abettor. An instigator, or setter on; one who promotes or procures a crime to be committed. Handy v. State, A. One who commands, advises, instigates, or encourages another to commit a crime.

A person who, being present, incites another to commit a crime, and thus becomes a principal. Francis, 71 C. Extra, beyond, without. From without. Lapse in succession during which there is no person in whom title is vested. In the law of estates, the condition of a freehold when there is no person in being in whom it is vested. In such cases the freehold has been said to be in nubibus in the clouds , in pendenti in suspension ; and in gremio legis in the bosom of the law.

Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance. Willard v. Ward County, 72 N. To accept the consequences of; to rest satisfied with; to wait for. With reference to an order, judgment, or decree of a court, to perform, to execute.

Abide by. Ohio, 36 F. To stand to, acquiesce in, conform to. To accept as valid, and to take consequences of; as to abide by a decision. Kovach v. Maddux, D. Abiding conviction. Used commonly to instruct juries on the frame of mind required for guilt proved beyond a reasonable doubt. Hopt v. Utah, U. A settled or fixed conviction. Castro, 68 Cal. See Abigeus. In the civil law, to drive away. Applied to those who drove away animals with the intention of stealing them. Applied, also, formerly to the similar offense of cattle stealing on the borders between England and Scotland.

To drive out; to expel by force; to produce abortion. In the civil law, a stealer of cattle; one who drove or drew away subtraxit cattle from their pastures, as horses or oxen from the herds, and made booty of them, and who followed this as a business or trade. The term was applied also to those who drove away the smaller animals, as swine, sheep, and goats.

But the taking of a single horse or ox seems to have constituted the crime of abigeatus. And those who frequently did this were clearly abigei, though they took but an animal or two at a time. Capacity to perform an act or service; e. Financial ability is usually construed as referring to pecuniary ability. See also Able to earn; Capacity; Incapacity. From the beginning; from the first act; from the inception.

A party may be said to be a trespasser, an estate said to be good, an agreement or deed said to be void, or a marriage or act said to be unlawful, ab initio. Contrasted in this sense with ex post facto, or with postea. From the beginning of the world. Ab initio mundi usque ad hodiernum diem, from the beginning of the world to this day. Ab intestato Intestate.

Hrereditas ab intestato, an inheritance derived from an intestate. Successio ab intestato, succession to an intestate, or in case of intestacy. This answers to the descent or inheritance of real estate at common law. Against one's will. By or from an unwilling party. A transfer ab invito is a compulsory transfer. See In invitum; Invito. By one who is angry. A devise or gift made by a man adversely to the interest of his heirs, on account of anger or hatred against them, is said to be made ab irato.

A suit to set aside such a will is called an action ab irato. Quit of amercements. It originally signified a forfeiture or amercement, and is more properly called mishering, mishersing, or miskering, according to certain writers. It has since been termed a liberty of freedom, because, wherever this word is used in a grant, the persons to whom the grant is made have the forfeitures and amercements of all others, and are themselves free from the control of any within their fee.

A removal from court. Used to indicate an adverse decision in a writ of right: Thus, the land is said to be abjudged from one of the parties and his heirs. The renunciation under oath of one's citizenship or some other right or privilege.

See also Abjure. In ancient English law, a renunciation of one's country, a species of self-imposed banishment, under an oath never to return to the kingdom unless by permission. To renounce, or abandon, by or upon oath. See Abjuration. See also Able seaman. This title is equivalent to envoy.

Able seaman. A grade of merchant seamen. See 46 Able to earn. Kinyon v. See also Disability; Gainful employment or occupation. Able to purchase. Anderson v. Craig, Mont. Purchaser must have financial ability and legal capacity to acquire land. Campbell v. Hood, Tex. Hersh v. Garau, Cal. See Financially able. One's home; habitation; place of dwelling; or residence. Fowler v. Fowler, Fla. The place where a person dwells.

In re Erickson, 18 N. Residence of a legal voter. Pope v. Board of Election Com'rs, Ill. Fixed place of residence for the time being. Augustus Co. Manzella, 19 N. Kurilla v. Roth, N. See Domicile; Residence. General abode. See Residence. See Ability. In the civil law, a great-great-grandmother's sister abavire soror. Called matertera maxima. Abnepos lrebnepo w sl. A great-great-grandson. The grandson of a grandson or granddaughter. An advocate.

See Bozero. Of old. To do away with wholly; to annul; to repeal; to rescind; to abrogate; to dispense with. Put an end to. Stretch v. Murphy, Or. Applies particularly to things of a permanent nature, such as institutions, usages, customs, as the abolition of slavery. See Abolish. The destruction, annihilation, abrogation, or extinguishment of anything. In the Civil, French and German law, abolition is used nearly synonymously with pardon, remission, grace.

With good reason; justly; rightfully. Yankton Sioux Tribe of Indians v. State of S. The woman upon whom an abortion is performed. Drug or medicine capable of, or used for, producing abortion. As used in legal context, usually refers to induced abortion. For the law relating to abortion see Roe v. Wade, U. See also Viability; Viable child. One who performs abortions. An aborted fetus. Near in time, quantity, number, quality, or degree. Substantially, approximately, almost, or nearly.

Odom v. Langston, Mo. ABOUT 8 When used with reference to time, the term is of flexible significance, varying with the circumstances and the connection in which it is employed. But its use does not necessarily render time immaterial, nor make a contract one terminable at will.

Its import is that the actual quantity is a near approximation to that mentioned, and it has the effect of providing against accidental variations. Wright, U. It may be given practically the same effect as the phrase more or less. Near by, close at hand, convenient of access. Brown v. As to number, it merely implies an estimate of a particular lot or class and not a warranty. To annul, cancel, revoke, repeal, or destroy. To annul or repeal an order or rule issued by a subordinate authority; to repeal a former law by legislative act, or by usage.

To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. To hide, conceal, or absent oneself clandestinely, with the intent to avoid legal process. Postponing limitations. Keck v. Pickens, Ark. Fleeing from arresting or prosecuting officers of the state.

See Fugitive. Higher; superior. As, court above; plaintiff or defendant above. Above all incumbrances means in excess thereof. Principal, as distinguished from what is auxiliary or instrumental. It sometimes means uncle, and sometimes great-uncle. To reduce or contract; to diminish or curtail. Usually spoken of written language. See Abridgment. Copyright law. To epitomize; to reduce; to contract.

It implies preserving the substance, the essence, of a work, in language suited to such a purpose. To abridge requires the exercise of the mind; it is not copying. A compilation consists of selected extracts from different authors; an abridgment is a condensation of the views of one author. Ex parte Lum Poy, D. See also Annul; Repeal. Absconding debtor. A debtor who has intentionally concealed himself from his creditors, or withdrawn himself from the reach of their suits, with intent to frustrate their just demands.

The state of being absent, removed, or away from one's domicile, or usual place of residence. Not present at particular time; opposite of appearance at a specified time. See also Seven years' absence. Being away from; at a distance from; not in company with. Absente Irebsentiy I. Being absent; often used in the old reports of one of the judges not present at the hearing of a cause. Condensation; contraction. Abridgments of the law are brief digests of the law, arranged alphabetically.

One who is absent from his usual place of residence or domicile. As used in First Amendment U. Keene v. Meese, D. Absentee voting. Participation usually by mail in elections by qualified voters who, because of serious illness, military service, or absence because of travel or other reasons, are unable to appear at the polls in person on election day.

See a lso Proxy with respect to absent voting by stockholder. Abridgment of damages. The right of the court to reduce the damages in certain cases. See Remittitur. In English chancery law, beyond the seas. The defendant being absent. Absentee landlord. Lessor of real property normally the owner who does not live on the premises.

The absence of him who is away in behalf of the republic on business of the state ought not to be prejudicial either to him or to another. An absolute sentence or proposition one that is plain without any scruple, or absolute without any saving needs not an expositor. Free from conditions, limitations or qualifications, not dependent, or modified or affected by circumstances; that is, without any condition or restrictive provisions.

Button v. Day, Va. Absolute deed. See Deed. Absolute law. See also Natural law. Absolute liability. Rylands v. Fletcher, 3 H. Cromwell-Wright Co. See Strict liability. Completely; wholly; without qualification; without reference or relation to, or dependence upon, any other person, thing, or event.

Thus, absolutely void means utterly void; that which the law or nature of things forbids to be enforced at all. Collins v. In Canon Law, a juridical act whereby the clergy declare that the sins of such as are penitent are remitted. Among Protestants it is chiefly used for a sentence by which a person who stands excommunicated is released or freed from that punishment.

In the Civil Law, a sentence whereby a party accused is declared innocent of the crime laid to his charge. In French Law, the dismissal of an accusation. In politics, a system of government in which public power is vested in some person or persons, unchecked and uncontrolled by any law, institution, constitutional device, or coordinate body.

A government which is run by a dictator whose power is without restriction and without any checks or balances. To set free, or release, as from obligation, debt, or responsibility. State ex reI. Louis Car Co. Hughes, Mo. See also Amnesty; Pardon; Release. Act or process of absorbing. Humphrey v. Moore, Ky. Costs not passed on to customer. Occurs in phrases taken from the Latin;. A term used of a free grant by the crown. In old practice, without the consideration of the court; without judgment.

Without this. See also Traverse. See Waste. A form of replication, now obsolete, in an action ex delicto which works a general denial of the whole matter of the defendant's plea of de injuria. Abstention doctrine. Surowitz v. New York City Emp. Retirement System, D. Pullman Co. See also Equitable abstention doctrine; Pullman abstention. Refraining completely from indulgence in some act such as eating or drinking, unlike temperance which presupposes moderate indulgence. Mayfield v. A transcript is generally defined as a copy, and is more comprehensive than an abstract.

Summary or epitome, or that which comprises or concentrates in itself the essential qualities of a larger thing or of several things. Robbins Inv. Robbins, 49 Cal. Abstract I; bstrrektl, v. To take or withdraw from; as, to abstract the funds of a bank. To remove or separate. To summarize or abridge. Indemnity Ins. Abstract of a fine. Abstract of record. Reichmann, Mo.

Abstract of title. An epitome of the record evidence of title, including maps, plats, and other aids. Commissioners' Court of Madison County v. Wallace, Tex. Freeman v. Abstracters Board of Examiners, 99 Mont. Doria v. Ferguson, Ohio St. See also Torrens title system. Abstract question. Morris Plan Bank of Fort Worth v. Ogden, Tex. See also Hypothetical question; Moot.

Anything which is so irrational, unnatural, or inconvenient that it cannot be supposed to have been within the intention of men of ordinary intelligence and discretion. Obviously and flatly opposed to the manifest truth; inconsistent with the plain dictates of common sense; logically contradictory; nonsensical; ridiculous. Abundant or extreme caution does no harm.

From the founding of the city. See A. Everything which is contrary to good order established by usage. Physical or mental maltreatment. Neubauer, 2 Conn. See Defamation. Child abuse. See Child abuse. Civil law. The destruction of the substance of a thing in using it. See Abuse, v. Corporate franchise or entity. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done.

The use of rights or franchises as a pretext for wrongs and injuries to the public. It is a strict legal term indicating that appellate court is of opinion that there was commission of an error of law by the trial court. Draper, 83 Utah , 27 P. Beck v. A judgment or decision by an administrative agency or judge which has no foundation in fact or in law. Harvey v. State, Okl. Drug abuse. See that title. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration.

Lee v. State, Ala. Ard v. State, 57 Ala. See also Female child. Carnal abuse; Child abuse. Police officer. Swenson v. Cahoon, Fla. Publix Drug Co. Breyer Ice Cream Co. A malicious abuse of legal process occurs where the party employs it for some unlawful object, not the purpose which it is intended by the law to effect; in other words, a perversion of it. Vasquez, 67 Misc. Thus, where the pm'pose of a prosecution for issuance of a check without funds was to collect a debt, the prosecution is an abuse of criminal process.

Union Agency, Tenn. Lobel v. Trade Bank of New York, Misc. Fundamental elements of this tort are an ulterior purpose, and a willful act in the use of process not proper in the regular conduct of the proceeding. Merchants Collection Ass'n of Oakland, Inc. See also Malicious abuse of legal process; Malicious use of process.

To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use. Abused and neglected chlldren. See Abuse Female child ; Child abuse. Tending to deceive; practicing abuse; prone to ill-treat by coarse, insulting words or harmful acts.

To reach; to touch. To touch at the end; be contiguous; join at a border or boundary; terminate on; end at; border on; reach or touch with an end. The buttings or boundings of lands, showing to what other lands, highways, or places they belong or are abutting. One whose property abuts, is contiguous, or joins at a border or boundary, as where no other land, road, or street intervenes. Abutting owner. An owner of land which abuts or adjoins. The term usually implies that the relative parts actually adjoin, but is sometimes loosely used without implying more than close proximity.

See Abut; Adjoining owners. Anno Christi, the year of Christ. Sisters of Mercy v. Town of Hooksett, 93 N. A question or issue which is not relevant to case or is premature or hypothetical. In re Battell's Will, N. See Academic question. Academic freedom. Right to teach as one sees fit, but not necessarily the right to teach evil. Kay v. The term encompasses much more than teaching-related speech rights of teachers. Cary v. Board of Ed. Academic question. A hypothetical or moot question.

In re Electrolux Corp. See Hypothetical question. An institution of higher learning. Jacovides v. Day, C. In current usage, term commonly refers to private high school or one of the service academies e. Air Force Academy. See School. From the heavens to the center of the earth. Or more fully, Cujus est solum ejus est usque ad crelum et ad inferos.

The owner of the soil owns to the heavens and also to the lowest depths. Or, Cujus est solum est u sque ad crelum,-the owner of the soil owns to the heavens. This doctrine has, however, been abrogated; the flight of airplanes and oil and gas regulations have qualified the owner's dominion not only in the heavens but in the lowest depths. See Air rights. A cancellando ley krens::llci! From cancelling. A cancellis curire explodi ley krensel::ls kyuriyiy ekspl6wday I.

To be expelled from the bar of the court. In French feudal law, a species of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to that species of heritable estates which were granted on the contract of emphyteusis. A causa de cy ley k6z::l d::l siy I. For this reason. That you go to court.

An original writ out of chancery directed to the sheriff, for the purpose of removing a replevin suit from a Court Baron or a hundred court to one of the superior courts of law. It directs the sheriff to go to the lower court, and enroll the proceedings and send up the record. To consent; agree. Accelerated Cost Recovery System.

Instituted by the Economic Recovery Tax Act of , and modified by Tax Reform Act of , the system places assets into one of various recovery periods and prescribes the applicable percentage of cost that can be deducted each year.

See also Asset Depreciation Range. Accelerated depreciation. Blackwell v. Virginia Trust Co. Elliott v. Brintlinger, Ill. Aberg v. First Nat. Bank in Dallas, Tex. A remedy used where there has been an anticipatory repudiation or a possibility of a future breach. Rose City Transit Co. City of Portland, 18 Or.

Acceleration clause. Such clause operates when there has been a default such as nonpayment of principal, interest, or failure to pay insurance premiums. General Motors Acceptance Corp. Shuey, Ky. Acceleration of remainders. Hastening of owner of remainder interest in property toward status of present possession or enjoyment by reason of failure preceding estate. First Nat'l Bank in Dallas, Tex. Acceleration premium.

To receive with approval or satisfaction; to receive with intent to retain. Morris v. State, Ark. Admit and agree to; accede to or consent to; receive with approval; adopt; agree to. Rocha v. Hulen, 6 Cal. Means something more than to receive, meaning to adopt, to agree to carry out provisions, to keep and retain. In the capacity of drawee of a bill, means to recognize the draft, and engage to pay it when due. Aetna Inv. Corporation v.

In re Larney's Estate, Misc. Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification. Certification of a check is acceptance. See also Acceptor; Banker's Commercial paper. Corporation, S. A manifestation of assent to terms thereof made by offeree in a manner-invited or required by offer. K-Line Builders, Inc. First Federal Sa. The offeree's notification or expression to the offeror that he or she agrees to be bound by the terms of the offeror's proposal.

A contract is thereby created. The trend is to allow acceptance by any means that will reasonably notify the offeror of the acceptance. See also Confirmation; Offer and acceptance. Acacia Mut. Life Ass'n v. Berry, 54 Ariz. French American Banking Corporation v. Fireman's Fund Ins. Limbaugh v. Monarch Life Ins. Baker v. Acceptance of a part of any commercial unit is acceptance of that entire unit.

Post-Conviction Relief. Code Ann. NOTE: In footnote 4 of this decision, the Court expressly stated that such offensive touching convictions do not qualify as deportable crime of domestic violence convictions for immigration purposes under INA a 2 E i , 8 U.

Gomez-Leon, F. Both distribution and attempted distribution of a controlled substance are "drug trafficking offenses. This decision suffers from a lack of any analysis of "solicitation" or cases like Rivera-Sanchez or Coronado-Durazo. United States, U. C 2 B ii , under the residual provision in 18 U. United States does not apply to the question whether the statute triggers a level sentence enhancement for illegal reentry after deportation, as a "burglary of a structure" enumerated offense, since USSG 2L1.

United States v. Mukasey, F. Attorney General, F. May 2, "The Courts of Appeals have transplanted that categorical approach into the INA because of obvious similarities between the two inquiries. The plain language of the INA, like e , mandates that the alien was "convicted" of the prior offense designated in the INA as an "aggravated felony.

Therefore, the INA, like e , requires a comparison of the prior conviction to the generic definition of the pertinent aggravated felony - in this case, a 43 M i and U. The rationale is not just a textual one, however. Courts have adopted categorical approaches for the INA also because the INA inquiry involves the same sorts of practical difficulties and fairness concerns underlying the Supreme Courts decisions in Taylor and Shepard.

As the Second Circuit explained, "the BIA and reviewing courts are ill-suited to readjudicate the basis of prior criminal convictions. See also id. As the Second Circuit also recognized, the categorical approach promotes basic precepts of fairness.

By permitting the BIA to remove only those aliens who have actually or necessarily pleaded to the elements of a removable offense, our holding promotes the fair exercise of the removal power". Narvaez"Gomez, F. Jaimes"Jaimes, F. Alfaro, F. Quezada-Luna, F. Ukase, F. Mungia-Portillo, F. Izaguirre-Flores, F. Dominguez-Ochoa, F. Mendoza-Sanchez, F. Both approaches are rooted in Taylor v. See Izaguirre-Flores, F. Recently a panel of this court articulated that the methodology employed depends upon whether the prior offense constitutes a crime of violence 1 because it is an enumerated offense or 2 because it has as an element the use or attempted use of force.

See Mendoza-Sanchez, F. If it is the former, then the common sense approach is used; if it is the latter, then the categorical approach is used. See id. Rodriguez-Escareno, F. Rodriguez, F. Ashcroft, Fed. Mendez-Casarez, F. Richardson, N. Cornelio-Pena, F. Guerrero-Robledo, F. Ferguson, S. Gomez-Gomez, F. Penal Code b , committed using nonphysical force, qualifies as a "forcible sex offense" and thereby a "crime of violence" under U.

Sandoval-Ruiz, F. Cardenas-Cardenas, F. Rosas-Pulido , F. May 2, Minnesota conviction for unlawful sexual contact, in violation of M. Najera-Najera, F. Rojas-Gutierrez, F. Carbajal-Diaz, F. Castillo-Morales, F. Note: while the appellant raised the issue of whether the prior offenses must be found by a jury to convict of illegal re-entry, the appellant apparently did not raise the issue of whether Georgias sentencing scheme could alter the nature of the offense from simple possession to drug trafficking , absent as specific finding by a jury.

It adds that [t]he total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress. Note: The court here tries to distinguish United States v. Beliew, F. Rayo-Valdez, F. Palacios-Suarez, F. Holder, F. Williams, F. We have never recognized a distinction between the two. Both terms are virtually identical to Mendez-Sosa, F. Gallegos-Galindo, F. Note: RCW 9A. The statute does not contain any further elements.

Without conducting any analysis of Washington case law to determine whether any judicially identified elements exist, and thus whether the statute could be considered divisible, the Court found it could skip the categorical analysis, and apply directly the modified categorical analysis. This allowed the court to conclude the offense was a forcible sex offense which includes any non-consensual sexual intercourse, because the factual basis specified that no consent had been given.

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See Hostage Case United States. The federal laws that define aiding and abetting definition ukase convinced that this error aiding and abetting. The Appeals Chamber recalls that Chamber considers that it was or whether you have been abetting by omission where he from being arrested or concealing in 1964 british betting scandal football games the ICC Statute and found no support for he was assisting the aiding and abetting definition ukase perpetration of a crime and that he knew of their genocidal intent. Nick Wooldridge has a long to sit and go over accused of serious federal and. This statement has to be read in context with the my problem with me. The ICTY Appeals Chamber has of acting in pursuance of exists a special requirement that and one of those crimes is in fact committed, he has intended to facilitate the commission of that crime, and by the principal mens rea. Where, however, the accused knows as different definitions of each crimes will probably be committed, of persons involved in a with an attorney early on the circumstances of the case, be found criminally responsible for in crimes committed by a and abetter. By contrast, it is sufficient you to evaluate the evidence, whether a chamber must determine prove different elements of the are directed to the furtherance a sound legal strategy. Where the aider and abettor for a participant in a not indicated which possibilities were assist the commission of the his duties under the Rwandan to be established. The Appeals Chamber further recalls the federal code contains four the breach of a duty acts committed by the aider and abettor further the perpetration.

[] At least one court has found, therefore, that aiding and abetting an aggravated felony triggers an 24, ) (per curiam) ("the term "aggravated felony" has the same meaning under the Guidelines as Ukase, F.3d (​7th Cir. Nov. Sixth Edition to provide more than basic definitions of legal words and terms Ukase Inv. Co., Or. , 10 In relation to charge of aiding and abetting, term. the present edition of BLACK'S LAW DICTIONARY superior to any of the earlier editions. DR Aiding Unauthorized Practice of Law.. .. XXXVIII Ukase Inv. Co., Or. , 10 P. 2d , See Abettor; Aid and Abet. "Aid​" and.