What is the test for determining whether a person can be held liable in civil and criminal cases?
MultiRegion, United States of America
The following excerpt is from United States v. Martoma, 869 F.3d 58 (2nd Cir. 2017):
10 See United States v. Gansman, 657 F.3d 85, 91 n.7 (2d Cir. 2011) ("To impose criminal sanctions, the government must prove ... that the defendant's conduct was willful. Civil liability, on the other hand, may attach if the government proves ... that the defendant's conduct was merely reckless, rather than willful." (internal citations omitted)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What is the test for determining if a judge has jurisdiction to determine whether a plaintiff is a plaintiff in a civil proceeding in a federal civil case? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the test for determining whether a defendant has been found liable in a federal civil case? (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)
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)
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)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
Is a defendant's reluctance to engage in criminal activity a factor in determining whether they would be liable for criminal charges? (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)
