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Statutory Interpretation in Colorado

The Colorado Court of Appeals rendered an interesting decision in March 2020: The central issue focused upon the assignment of an impairment rating by the treating physician. The Court recognized that the American Medical Association Guides to the Evaluation of Permanent Impairment have been in use for years, and that reference to various editions of those Guides may result in various impairment ratings for the same malady and complaints. It is somewhat intriguing as consistency is one of the overarching goals of the Guides. The Court explained that the inconsistencies between various Editions result from “emphasis of certain areas, and as a a reflection of the latest consensus in medical science within its subject matter.” The Court noted that the Colorado statute mentions the Third Edition, which was published in 1988. Colorado s court concluded that the statute states that impairment rating guidelines . shall be based on the revised third edition of the [Guides] in e

An Overview Of Vicarious Liability Under Section 149 Of IPC

An Overview Of Vicarious Liability Under Section 149 Of IPC Share This - x An Offence shall mean any act or omission made punishable by any law for the time being in force as defined in Section 3(38) of the General Clauses Act. Section 40 of the Indian Penal Code, inter alia, defines the word Offence denoting a thing made punishable by this Code. Article 20(1) of the Indian Constitution by guaranteeing as a fundamental right, mandates that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence. From these statutory definitions and the Constitutional protection, it is manifestly clear that a person can be punished for an act or omission done by him which is forbidden by law and made punishable under a Penal law. In other words, for the act or omission committed by someone else, he cannot be punished. The Doctrine of Vicarious Liability is applicable to Civil Law. But the C

Statutory Interpretation Illustration

The Florida First District recently rendered Mobley v. Fussell, 1D19-4286, regarding the intriguing topic of whether a court clerk might charge someone for copies of public records. Please do not tune out just yet, as the analysis delves far deeper than the seeming banality of copy costs, and is actually a somewhat intriguing and educational expose of the process of statutory analysis. As an aside, this matter came to the Court as a mandamus petition. Mandamus is one of the extraordinary writs that are exceptions to the general rule that appellate courts address allegations of error most often following the rendition of a final adjudication by a trial court. These have been discussed in this blog before, see

A brave new world for UK extradition law? | Feature

George Hepburne-Scott Prior to our departure by far the highest volume of extradition cases were through the European Arrest Warrant (EAW) scheme. The UK-EU Trade and Cooperation Agreement (TCA) was signed on the 24 December 2020 and came into force at 11:01pm on 31 December 2020. Among other things, the TCA created a new extradition warrant called simply the Arrest Warrant (AW). The AW surrender arrangements are contained in Title VII of Part 3 in the TCA. Legislatively, as incorporated into the Extradition Act 2003 (the 2003 Act) by the European Union (Future Relationship) Act 2020 (the 2020 Act), the new AW scheme is largely consistent with that operated under the EAW scheme and averted the need to fall back on the 1957 Convention on Extradition.

S Vanitha vs The Deputy Commissioner on 15 December, 2020

S Vanitha vs The Deputy Commissioner on 15 December, 2020
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