What is the test for a jury to determine whether a defendant can be held liable for using section 1058 of the Civil Code of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from U.S. v. Regan, 937 F.2d 823 (2nd Cir. 1991):

Whether, as appellants contend, the district court erred in its evidentiary rulings concerning this evidence is a matter we need not decide. The issue of appellants' good faith reliance on section 1058 as appellants interpreted it was squarely raised and argued. The district court should have instructed the jury that, if it found the reliance was held in good faith, the defendants could not be held criminally liable for proceeding in accordance with that reliance. See United States v. Durham, 825 F.2d 716, 719 (2d Cir.1987); United States v. Pedroza, 750 F.2d 187, 204-05 (2d Cir.1984), cert. denied, 479 U.S. 842, 107 S.Ct. 151, 93 L.Ed.2d 92 (1986); United States v. Alfonso-Perez, 535 F.2d 1362, 1365 (2d Cir.1976).

Other Questions


Does the US Supreme Court have any authority to determine whether a person who has been denied a right to sue under section 5 of the Civil Code of Civil Procedure is entitled to appeal? (MultiRegion, United States of America)
What is the test for determining whether a defendant can be found guilty of a charge under Rule 11 of the Civil Code of Civil Procedure for failing to attend a hearing? (MultiRegion, United States of America)
What is the test for determining whether a claim can be successful under Section III(A) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for a federal court to determine whether a section of the Civil Code of Civil Procedure has been interpreted as unconstitutional? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
In what circumstances can a private defendant be found liable under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for determining whether a civil servant has a "clearly established right" under the Civil Code of Civil Procedure? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for determining whether a party has been found indigency under Section 1915 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.