in the parol evidence rule what does the term parol mean
Parol evidence rule


is permitted. And (3), if the parol evidence is collateral, meaning it regards a different agreement, and does not contradict the integrated terms, and are not terms any reasonable person would always naturally integrate, then the rule does not apply and the evidence is admissible. In a minority of U.S. states, (Florida, Colorado, and Wisconsin), the parol evidence rule is extremely strong and extrinsic evidence is always barred from being used to interpret a contract. This is called the Four Corners Rule, and
1232106
Parol evidence rule


contract". The term "parol" derives from the Anglo-Norman French "parol" or "parole", meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in the US; however there are now some differences between English and American applications. For instance, in the US, a common misconception is that it is a rule of evidence (like the Federal Rules
1232099
Parol evidence rule


The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written
1232098
Parol evidence rule


both complete and partial integrations, evidence contradicting the writing is excluded under the parol evidence rule. However, for a partial integration, terms that supplement the writing are admissible. To put it mildly, this can be an extremely subtle (and subjective) distinction. To put it simply, (1) If the parties intend a complete integration of the contract terms, no parol evidence within the scope of agreement is permitted. (2) If the parties intended a partial integrated agreement, no parol evidence that contradicts anything integrated
1232105
Parol evidence rule


, as well as other extrinsic evidence (such as written correspondence that does not form a separate contract) regarding a contract. If a contract is in writing and final to at least one term (integrated), parol or extrinsic evidence will generally be excluded. However, there are a number of exceptions to this general rule, including for partially integrated contracts, agreements with separate consideration, to resolve ambiguities, or to establish contract defenses. To take an example, Carl agrees in writing to sell Betty a car for $
1232101
Parol evidence rule


parol evidence rule is a common trap for consumers. For example: Australia Exception 1: the contract is an oral contract or partly written. Exception 2: parties may have entered into a collateral contract, or are establishing an estoppel, with rectification, condition precedent, the true consideration, ACL, implied terms. Also, a narrow view of admissibility of extrinsic evidence has been taken, where evidence of surrounding circumstances is only admissible to resolve patent ambiguity, latent ambiguity, and inherent ambiguity in the meaning of the words of
1232112
Parol evidence rule


the terms as to which the parties agreed, then it would be a complete integration. One way to ensure that the contract will be found to be a final and complete integration is through the inclusion of a merger clause, which recites that the contract is, in fact, the whole agreement between the parties. However, many modern cases have found merger clauses to be only a rebuttable presumption. The importance of the distinction between partial and complete integrations is relevant to what evidence is excluded under the parol evidence rule. For
1232104
Parol evidence rule


it is traditional/old. In a Four Corners Rule jurisdiction, there are two basic rules. First, the court will never allow parol evidence if the parties intended a full and completely integrated agreement, and second, the court will only turn to parol evidence if the terms available are wholly ambiguous. The policy is to prevent lying, to protect against doubtful veracity, to enable parties to rely dearly on written contracts, and for judicial efficiency. In most jurisdictions there are numerous exceptions to this rule, and in those
1232107
Langue and parole


by Jan Baudouin de Courtenay. Saussure drew an analogy to chess to explain the concept of "langue" and "parole". He compared "langue" to the rules of chess—the norms for playing the game—and compared the moves that an individual chooses to make—the individual's preferences in playing the game—to the "parole". When translated from the French term "langue" can mean language. However, it is known Saussure intended the term to mean internal, arrangement and relationship of rules
5164151
Parol evidence rule


: Parol evidence cannot contradict a writing intended to be the "final expression" of the agreement integrated but may be explained or supplemented by (a) a course of dealing/usage of trade/ course of performance, and by (b) evidence of consistent additional terms unless the writing was also intended to be a complete and exclusive statement of the terms of the agreement. In order for evidence to fall within this rule, it must involve either (1) a written or oral communication made prior to execution of the
1232109
Plain meaning rule


deceased was not "a person entitled to vote". This, surely, cannot have been the intention of Parliament. However, the literal rule does not take into account the consequences of a literal interpretation, only whether words have a clear meaning that makes sense within that context. If Parliament does not like the literal interpretation, then it must amend the legislation. The "plain meaning rule" has sometimes been applied to the interpretation of contracts, particularly in conjunction with the parol evidence rule. Such a use is
2602864
Parol evidence rule


of Evidence), but that is not the case; whereas in England it is indeed a rule of evidence. The supporting rationale for this is that since the contracting parties have reduced their agreement to a single and final writing, extrinsic evidence of past agreements or terms should not be considered when interpreting that writing, as the parties had decided to ultimately leave them out of the contract. In other words, one may not use evidence made prior to the written contract to contradict the writing. The rule applies to parol evidence
1232100
Parol evidence rule


jurisdictions, extrinsic evidence may be admitted for the following purposes. This is called the Admission Rule. It favors liberalizing the admission of evidence to determine if the contract was fully integrated and to determine if the parol evidence is relevant. In these jurisdictions, such as California, one can bring in parol evidence even if the contract is unambiguous on its face, if the parol evidence creates ambiguity. The policy is to get to the actual truth. The third and final admissibility rule is that under the UCC § 2-202
1232108
South African contract law


be recorded in writing, their decision must be respected and the resulting document accepted as the sole evidence of the terms of the contract. The document itself, in other words, discloses the obligations. From this it should be clear that the parol evidence rule applies only to written contracts. It does this by its very nature. The rule applies to all contracts in writing, whether or not the law requires that they be in writing to be valid. Further, the rule applies not only to express terms (terms actually
16840170
Langue and parole


Langue (French, meaning "language") and parole (meaning "speaking") are linguistic terms distinguished by Ferdinand de Saussure in his "Course in General Linguistics". "Langue" encompasses the abstract, systematic rules and conventions of a signifying system; it is independent of, and pre-exists, individual users. "Langue" involves the principles of language, without which no meaningful utterance, "parole", would be possible. "Parole" refers to the concrete instances of the use of "langue
5164149
Texas Board of Pardons and Paroles


. If a hearing is held, the information is presented and a hearing officer makes the determination if there is sufficient evidence to support the allegation(s). The hearing report and evidence are presented to a board panel for a decision on whether to continue parole, impose additional conditions for parole to continue, place the offender in a special facility for a short-term, or revoke parole. Through the use of graduated sanctions, the board has reduced the number of offenders returning to prison, particularly on what are considered technical violations
2578897
Graham v. Florida


opinion declaring "Graham" retroactive. The court re-sentenced Means in absentia to life imprisonment and severed the non-parole portion of Iowa law, thereby granting Means the opportunity for parole. In at least two cases, state high courts have ruled that life without parole is still appropriate for homicides, no matter what age the defendant. On December 21, 2010, the Supreme Court of Missouri delivered its opinion in the case of "State v. Anthony Andrews," affirming a sentence of life imprisonment without parole in a
11570731
Life imprisonment in Germany


consequence, mandatory life sentences are still imposed in Germany for murder, although with the possibility of being released. The ruling does not mean that every convict has to be released, nor does the ruling mean that mandatory life sentences cannot be imposed, but that every convict must have a realistic chance for eventual release, provided they are considered safe to the community, and that mandatory life sentences without parole are not imposed. It is at the discretion of the court to decide the length of the parole period, or if
7408424
Parol evidence rule


paint B's house for $1,000, B can introduce extrinsic evidence to show that A also contracted to paint B's storage shed for $100. The agreement to paint the shed would logically be in a separate document from the agreement to paint the house. Though its name suggests that it is a procedural evidence rule, the consensus of courts and commentators is that the parol evidence rule constitutes substantive contract law. Additional information on the parol evidence rule may be found in Restatement (Second) of Contracts § 213. The
1232111
Union Government v Vianini Ferro-Concrete Pipes


confirmed. The case is consulted today primarily for its articulation of the parole evidence rule: Now this Court has accepted the rule that when a contract has been reduced to writing, the writing is, in general, regarded as the exclusive memorial of the transaction and in a suit between the parties no evidence to prove its terms may be given save the document or secondary evidence of its contents, nor may the contents of such document be contradicted, altered, added to or varied by parol evidence. The principle was determined,
2739203
South African contract law


agreement. In such a case, termed a “partial integration,” the integration rule merely prevents the admission of extrinsic evidence to contradict or vary the written portion of the agreement. The court may hear evidence of surrounding circumstances, including the negotiations of the parties, to determine whether they intended the written agreement to be an integration of their whole transaction or merely a partial integration. The integration aspect of the parol evidence rule is supplemented by the interpretation rule, "which determines when and to what extent extrinsic evidence may be
16840187
Collateral contract


that a contract cannot impose obligations or confer rights on a non-contracting party. However, in circumstances where a collateral contract is established between a third party and one of the contracting parties, the Court may allow rights or impose obligations on the non-contracting party, as illustrated in the earlier tortious case of "Donoghue v Stevenson". Common law recognises collateral contract as an exception to parol evidence rule, meaning that admissible evidence of a collateral contract can be used to exclude the operation of the parol evidence rule
3846010
Parol evidence rule


1,000, but later, Betty argues that Carl earlier told her that she would only need to pay Carl $800. The parol evidence rule would generally prevent Betty from testifying to this alleged conversation because the testimony ($800) would directly contradict the written contract's terms ($1,000). In order for the rule to be effective, the contract in question must first be a final integrated writing; it must, in the judgment of the court, be the final agreement between the parties (as opposed to a
1232102
Double Jeopardy Clause


an earlier offense at the time, the act for which he or she was acquitted may also be the subject of a parole violation hearing, which is not considered to be a criminal trial. Since parolees are usually subject to restrictions not imposed on other citizens, evidence of actions that were not deemed to be criminal by the court may be re-considered by the parole board. This legal board could deem the same evidence to be proof of a parole violation. Most states' parole boards have looser rules of evidence than
20907779
Partial integration (contract law)


Contracts section 210. The Parol Evidence Rule is a prior oral rule that a written contract cannot be varied, contradicted or altered by prior oral declarations. When does a partial integration happen? Sometimes, parties will have a written agreement but as they were signing, they orally agreed to one or more additional terms which were not written into the contract. In that case, they have a mixed contract of oral and written terms. The written document will be a partial integration of everything the parties agreed to. The paper
21636126
Contractual term


following types: There are various factors that a court may take into account in determining the nature of a statement. These include: The parol evidence rule limits what things can be taken into account when trying to interpret a contract. This rule has practically ceased operation under UK law, but remains functional in Australian Law. A term may either be expressed or implied. An express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract
2946223
South African contract law


exclusive memorial" of their agreement. The purpose of this rule is to prevent a party from claiming other than what is provided for in the document. In "Le Riche v Hamman", for example, Hamman sued to transfer one Victory Hill, which had been sold to Le Riche in error. Le Riche relied on oral evidence, but the parol evidence rule dictates that the court look first at the ordinary meaning of the contract. As this was clear and unambiguous, and did not, in its description of the
16840178
Contractual terms in English law


These include: The parol evidence rule limits what things can be taken into account when trying to interpret a contract. This rule has practically ceased operation under UK law, but remains functional in Australian Law. A term may either be expressed or implied. An Express term is stated by the parties during negotiation or written in a contractual document. Implied terms are not stated but nevertheless form a provision of the contract. The Privy Council established a five stage test in "BP Refinery (Westernport) Pty Ltd v Shire of Hastings
5432989
Parol evidence rule


mere draft, for example). A final agreement is either a partial or complete integration, provided that it has an agreement on its face indicating its finality. If it contains some, but not all, of the terms as to which the parties have agreed then it is a partial integration. This means that the writing was a final agreement between the parties (and not mere preliminary negotiations) as to some terms, but not as to others. On the other hand, if the writing were to contain all of
1232103
Parole


of whether an inmate is paroled is vested in a paroling authority such as a parole board. Mere good conduct while incarcerated in and of itself does not necessarily guarantee that an inmate will be paroled. Other factors may enter into the decision to grant or deny parole, most commonly the establishment of a permanent residence and immediate, gainful employment or some other clearly visible means of self-support upon release (such as Social Security if the prisoner is old enough to qualify). Many states now permit sentences of life imprisonment without
21467462
Parole


time", which is counted towards time served. For example, if an inmate served five years of a ten-year prison term, and also had five years of "good time", they will have completed their sentence "on paper", obliging the state to release them unless deemed a threat to society in writing by the parole board. Where parole is granted or denied at the discretion of a parole board, mandatory supervision does not involve a decision making process: one either qualifies for it or does not
21467472
Four corners (law)


contract. The four corners doctrine is similar to the parol evidence rule, which prohibits a contracting party from introducing evidence separate from the contract that would change fundamentally the intended understanding as written in the contract. However, the Four Corners Doctrine prohibits a party from introducing evidence to interpret an unambiguous term. The doctrine also requires a court to discern what the contracting parties intended by using the whole document; no cherry picking. Most commercial contracts contain a clause entitled either "Merger", "Integration", or "Entire Agreement
13901817
Parole Board of Canada


In rare cases this ineligibility for parole may extend beyond a normal life span, meaning, in "de facto" terms, a sentence of life-without-parole. For a reflection on the work of a Member of the Parole Board see Lubomyr Luciuk's article in The Toronto Star, "Making parole decisions is one tough job," 23 June 2016. Under the Criminal Records Act, Section 2.1, the Parole Board of Canada is the administrative tribunal that has the exclusive authority to make decisions regarding Record Suspensions.
5250136
Ted Binion


terms and was denied parole in 2001, 2004 and 2005. On January 26, 2009 he was brought into Las Vegas where the Nevada parole board granted him "Parole to Consecutive," meaning the three convictions were to run concurrently. Tabish received another parole hearing in Las Vegas on January 13, 2010. The Nevada Board of Parole Commissioners announced January 26, 2010 that Tabish, 44, would be granted parole. His younger brother described the news as “pretty wonderful.” Tabish was released on May 18, 2010
20783722
Evidence (law)


which judicial notice has been taken. Some rules that affect the admissibility of evidence are nonetheless considered to belong to other areas of law. These include the exclusionary rule of criminal procedure, which prohibits the admission in a criminal trial of evidence gained by unconstitutional means, and the parol evidence rule of contract law, which prohibits the admission of extrinsic evidence of the contents of a written contract.This practice is very common in today's complicated world. In countries that follow the civil law system, evidence is normally studied as a
19555465
Langue and parole


individual utterances ("parole") are of little significance. "Langue" and "parole" have also impacted the way language is taught. Since Saussure's terms have become well known, language teaching often emphasizes teaching the langue and how these rules are applied, rather than simply teaching the words of a certain language. Additionally, "langue" and "parole" have been applied to other fields of study. Anthropologist Claude Levi-Strauss used Structuralism and "langue" and "parole" to understand myths and tales
5164161
Deviation (law)


. Even though it was accepted that the shipper had been verbally informed that the vessel might make passage to Glasgow, this evidence was not admissible, because the parol evidence rule prevents recourse to extraneous evidence when construing a written document. Using the criteria of differential bargaining strength of the parties, whereby the carrier is usually deemed to have greater bargaining power than the shipper, note that the parol evidence rule may be relaxed if a shipper seeks to rely on any verbal promises of the carrier (rather than "vice versa",
18009938
South African contract law


party to the case may in turn, by oral evidence, prove facts that show the written document did not constitute a contract at all—for example, that it was forged. As regards the contents or terms of the written agreement, however, there is a very definite rule of law, known as the parol evidence rule, which places strict limits on the evidence that may be adduced in aid of interpretation. The rule dictates that, where the parties intended their agreement to be fully and finally embodied in writing,
16840168
Richard Huckle


his hard drive in order to obtain evidence. At the Old Bailey on 6 June 2016, Judge Peter Rook QC sentenced Huckle to life imprisonment on 22 counts with a minimum prison term of 25 years before being eligible to apply for parole. He will be first eligible for parole in 2041, assuming good behaviour and a belief by the Parole Board for England and Wales that he no longer poses a risk to children or the public at that time. However, he could be first eligible for parole in 2040 if time served
20644147
Original Ku Klux Klan of the Confederacy


performed the castration in order to become a captain within the group; and Grover McCullough drew identical sentences. William Miller, another recently appointed captain, and John Griffin, who stood guard outside the shack and did not know the details of what happened until after the fact, turned state's evidence and got terms of probation. Those sentenced to jail exhausted their appeals and began their prison terms in 1959. In 1960 the parole board ruled that they would have to serve one third of their sentence – six years and eight months
9637824
Exclusionary rule


rejected by most states. In 2016, Utah v. Strieff dealt with the exclusionary rule and outstanding warrants and was viewed to be generally favorable towards police. The exclusionary rule does not apply in a civil case, in a grand jury proceeding, or in a parole revocation hearing. Even in a criminal case, the exclusionary rule does not simply bar the introduction of all evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment. In "Hudson v. Michigan", Justice Scalia wrote for the U.S. Supreme Court:
11026084
South African contract law


to redefine the terms of the contract. The object of the party seeking to adduce such extrinsic evidence is usually to enforce the contract as redefined or, at any rate, to rely upon the contractual force of the additional or varied terms, as established by the extrinsic evidence. The integretation aspect of the parole evidence rule therefore "defines the limits of the contract." The parties have "integrated" their negotiations into a single document, which should be regarded as the complete and final expression of their will: an "
16840177
Murder of Rosie Palmer


his plea to guilty of murder. Armstrong was sentenced to life imprisonment on 28 July 1995. The trial judge, Mr. Justice Ognall, did not make any recommendation as to how many years Armstrong should serve before he could be considered for parole, though in a High Court ruling of May 2006, Mr. Justice Crane set the minimum term to 16 years, "subject to a deduction of 12 months and 21 days for the period on remand", meaning Armstrong was eligible for parole in July 2010. A report in the
12037047
Governor of Oklahoma


may deem proper, subject to such regulations as may be prescribed by law. The governor does not have the power to grant paroles if a convict has been sentenced to death or sentenced to life imprisonment without parole. In order to grant a pardon to an individual, he must submit the name of the individual to the Oklahoma Pardon and Parole Board composed of five members, three of which are appointed by the governor at the beginning of his term in office to serve a term that coincides with his own. After reviewing the
8566147
Parole


return to society that involved three grades. The first two consisted of promotions earned through good behaviour, labour, and study. The third grade in the system involved conditional liberty outside of prison while obeying rules. A violation would return them to prison and they would start all over again through the ranks of the three-grade process. He reformed its ticket of leave system, instituting what many consider the world's first parole system. Prisoners served indeterminate sentences from which they could be released early if they showed evidence of rehabilitation
21467450
South African contract law


of its terms. "Union Government v Vianini Ferro-Concrete Pipes" is the leading case here: Now this Court has accepted the rule that when a contract has been reduced to writing, the writing is, in general, regarded as the exclusive memorial of the transaction and in a suit between the parties no evidence to prove its terms may be given save the document of secondary evidence of its contents, nor may the contents of such document be contradicted, altered, added to or varied by parol evidence. Evidence of
16840175
Life imprisonment


possibly with certain restrictions or obligations. In contrast, when a fixed term of imprisonment has ended, the convict is free. The length of time served and the conditions surrounding parole vary. The date when a convict is eligible for parole does not necessarily predict when or if parole will be granted. In many countries around the world, particularly in the Commonwealth, courts have the authority to pass prison terms which may amount to "de facto" life imprisonment. For example, courts in South Africa have handed out at least
16941488
Life imprisonment in Poland


Since the reintroduction of life imprisonment in 1995, the highest minimum term is 50 years. By comparison, life sentences in Canada, with the 25-year minimum non-parole period, are mandatory for high treason and, in some cases, murder, while the highest minimum term is 75 years (a sentence a judge can hand down to some murderers convicted of multiple counts of murder). While the law does not explicitly provide for life without parole, life sentences in Poland with extensively long non-parole periods (such as
7408537
Life imprisonment in England and Wales


have received minimum terms which, due to their great length or the fact that the killer was middle aged or elderly when convicted, make it almost certain that they will never be released. A prisoner who has served their minimum term becomes eligible for parole. If the Parole Board agrees to release a prisoner who was sentenced to life, he is released on a life licence meaning that he will remain on parole for the remainder of their natural life. Prisoners who break the conditions of their release, or who are found to
11677075
Parole


. Mandatory supervision tends to involve stipulations that are more lenient than those of parole, and in some cases place no obligations at all on the individual being released. In US immigration law, the term "parole" has two meanings related to allowing persons to enter or leave the United States without the normally required documentation. Parole is "the agreement of persons who have been taken prisoner by an enemy that they will not again take up arms against those who captured them, either for a limited time or during the continuance of
21467473
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex


it informs the inmate in what respects he falls short of qualifying for parole; this affords the process that is due under these circumstances. The Constitution does not require more." Justice Powell believed that there was a liberty interest in being released on parole that stemmed from the Due Process Clause, independent of the statutory language used to create an individual state's parole system. Powell rejected the distinction the majority made between a hoped-for release and a previously granted release. "When a State adopts a parole standard that applies
2373674
South African contract law


do so." A litigant can circumvent the parol evidence rule by alleging a tacit term or by applying for rectification. Evidence relevant to such an allegation or application then becomes admissible, although it would have been inadmissible for the purposes of interpreting a written term of the contract. Rectification is a process that allows a party, under certain conditions, to amend the contents of the original document to reflect the original common intention. One may bring to this process extrinsic evidence, including negotiations, to convince the court to order the
16840213
Index of law articles


– Pain and suffering – Palimony – Panderer – "par delictum" – Paralegal – Paramount title – Paraphilia – Pardon – "parens patriae" – Parent – Parent company – Pari delicto – Pari passu – Paris Convention for the Protection of Industrial Property – Parish – Parliament – Parliamentary procedure – Parliamentary supremacy – Parliamentary system – Parody – Parol – Parol evidence rule – Parole – Parquet – Partial breach – Partial verdict – Particulars – Partition – Partner – Partnership – Party – Party of the first part – Party of the second part
13964570
South African contract law


evidence to contradict or vary the terms of the writing, or to add to or subtract from them, is inadmissible. No evidence to prove the terms maybe given save the document itself (or, if it is lost, secondary evidence of its contents), nor may the contents of the document be contradicted, altered, added to or varied by parol or oral evidence, relating to what passed between the parties either before the written instrument was made or during its preparation. Where the parties have decided that a contract should
16840169
New Zealand Parole Board


meaning they are held until the Board feels they are safe to release (preventive detention). The majority of those sentenced to preventive detention are child sex offenders. The increase in the imposition of long term sentences (combined with Corrections' reluctance to allow prisoners onto rehabilitation programmes until completing two thirds of their sentence) means the percentage of prisoners getting released on parole has dropped markedly. Between 2007 and 2011, the percentage of prisoners released on parole varied only marginally between 28% and 31%. In 2012 and 2013,
21513526
Hoddle Street massacre


-parole period of 27 years for what was described by the presiding judge as "one of the bloodiest massacres in Australian history". The Crown prosecutor, Joe Dickson QC, 'did not contend that a minimum term should not be fixed.' Knight currently resides in the maximum security Port Phillip Prison in Truganina, Victoria near Melbourne and was eligible for parole in 2014. Shortly before Knight became eligible for parole, the Victorian government amended the "Corrections Act 1986" (Vic) to prevent the parole board from ordering
20512705
Criminal sentencing in the United States


the various federal territories and enclaves. Each state is very different from every other state in terms of sentencing, and even what acts are crimes: Some prisoners are given life sentences. In some states, a life sentence means life, without the possibility of parole. In other states, people with life sentences are eligible for parole. In some cases, the death penalty may be applicable; however, since the U.S. Supreme Court decision in Ring v. Arizona, a recommendation of the trial jury is required to impose a sentence
8024047
Leduc v Ward


parol evidence rule (which provides that "extrinsic evidence is inadmissible to vary a written contract") and held that held that the bill was conclusive evidence of the terms of the contract. It followed that the shipper's awareness of the route was inadmissible, as a bill of lading in the hands of the indorsee should be absolutely reliable. Therefore, the deviation was not justifiable and the shipowner, who was denied the protection of "perils of the sea", was liable to the cargo-owner. The secondary argument
20877952
Life imprisonment


does not expressly provide for life imprisonment without any possibility of parole, a court can rule in exceptionally serious circumstances that convicts are ineligible for parole if convicted of child murder involving rape or torture, premeditated murder of a state official or terrorism resulting in death. In Moldova, there is never a possibility of parole for anyone sentenced to life imprisonment, as life imprisonment is defined as “deprivation of liberty of the convict for the entire rest of his/her life”. Where mercy is granted in relation to a person serving
16941501
Leslie Van Houten


and atrocious" murders. On April 14, 2016, a two-person panel of the California Parole Board recommended granting Van Houten's parole request, but California Governor Jerry Brown vetoed the release on the grounds that: On September 29, 2016, Los Angeles County Superior Court Judge William C. Ryan issued an 18-page ruling upholding the governor's reversal earlier in the year of a parole board's decision to release Van Houten. Ryan wrote that there was "some evidence" that Van Houten presents an unreasonable threat to society.
17814870
Statute of frauds


thrust of the Statute was that contracts concerning land could not be proved by parol evidence alone. Thus, part performance might be an exception, but it could not, in effect, mean that the underlying contract could be proven by parol evidence. In developing the "part performance" exception, a balancing of the competing considerations was required. An important factor in the case law became that the part performance must be "unequivocally" related to the alleged contract. The Statute of Frauds was passed in 1695 in Ireland. The
9508878
Parole bond


A parole bond is a deposit of money or property made to the government as surety that a paroled prisoner will not violate the terms of his release. The prisoner may fund the bond himself; or he may borrow from friends or family; or he may obtain the services of a bondsman, in exchange for a fee. Part of the theory behind it is that those who are asked to put up the money or cosign the loan have an incentive to verify that the parolee does not represent an unacceptably high risk prior to
3718125
Course of dealing


after or under the agreement, however, is a "course of performance." Even though, according to the parol evidence rule, words and terms in a writing intended to be the final expression of the agreement of the parties may not be contradicted by extrinsic evidence of a prior or contemporaneous agreement, extrinsic evidence in the form of course of dealing nonetheless may be used to explain or supplement the writing. An integration clause in a contract, stating that the parties intend the writing to be a complete and exclusive statement of
3096863
Murder (Canadian law)


child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation. Murder occurs In Canada, murder is classified as either first or second degree: The mandatory sentence for any adult (or youth sentenced as an adult) convicted of murder in Canada is a life sentence, with various time periods before a person may apply for parole. The ability to apply for parole does not mean parole is granted. For multiple murder offences committed after December 2, 2011, a court may
13074765
Wah Mee massacre


September 6, 2006, a parole board met to determine whether Tony Ng should receive parole on his 12th robbery term. If given parole, he would begin serving his 13th term, with the potential to be eligible for parole and freed in 2010. Both former King County Prosecuting Attorney Norm Maleng and former Seattle Police Chief Patrick Fitzsimons asked the parole board to deny parole on the 12th count. Relatives of the victims who came to the hearing expressed outrage that they were not made aware of previous parole hearings and that Tony Ng
15711201
Rodney Alcala


assault. Alcala was paroled after seventeen months, in 1974, under the "indeterminate sentencing" program popular at the time, which allowed parole boards to release offenders as soon as they demonstrated evidence of rehabilitation. Less than two months after his release, he was re-arrested after assaulting a 13-year-old girl identified in court records as "Julie J.", who had accepted what she thought would be a ride to school. Once again, he was paroled after serving two years of an "indeterminate sentence".
16326926
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex


liberty interest in parole: Whenever the Board of Parole considers the release of a committed offender who is eligible for release on parole, it shall order his release unless it is of the opinion that his release should be deferred because: Although this statute did use the word "shall", the Court did not interpret it to mean that a decision that takes into account these criteria should for that reason alone embody the full protections of an adversarial hearing. The Court ruled that the prisoner's opportunity to make a statement on his
2373672
Resisting arrest


her official duties. A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.(2)As used in this section: (a) Arrest has the meaning given that term in ORS 133.005(Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) and includes, but is not limited to, the booking process. (b) Parole and probation officer has the meaning given that term in ORS 181.610 (Definitions for ORS 181.610 to
11707768
Texas Board of Pardons and Paroles


the board, with approval of the governor, to release prisoners for parole or probation, with the exception of those with a death sentence. A division of parole supervision was established in 1957 as part of the board, to open up district offices across the state to monitor offenders. In 1975, the Texas legislature created six parole commissioner positions to "assist the Board of Pardons and Paroles in parole matters." The commissioners were appointed in the same manner as the board members, with six-year terms and two terms
2578886
Rehabilitation Policy


is, the context of parole has shifted from reintegration with society into control of the individual on parole. Rather than parole being for rehabilitation, it has become in practice a less restrictive form of imprisonment. It is also argued that parole is a deterred prison entry program due to the high percentage of parolees that end up in prison due to violating terms of their parole. Many violated parole terms are technical infractions. That is, "noncriminal infractions" such as "failure to comply with curfews, pass alcohol and drug urinalysis
3532404
Ray and Faye Copeland


the jury had not been allowed to hear evidence that Ray had abused her for years. On August 6, 1999, Judge Ortrie Smith overturned the death sentence, but let the convictions stand and commuted her sentence to five consecutive terms of life without parole. On August 10, 2002, Faye suffered a stroke which left her partially paralyzed and unable to speak. Weeks later, in September 2002, Governor Bob Holden authorized a medical parole for Faye, fulfilling her one wish that she not die in prison. She was paroled
12678909
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complex


own behalf. If the Board determined at this initial hearing that the prisoner was not suitable for parole, then parole was denied and the prisoner was informed as to the Board's reasons for denying parole. If, however, the Board determined at the initial hearing that the prisoner was suitable for parole, then it scheduled a final parole hearing. At this final parole hearing, the prisoner was permitted to present evidence on his behalf and to be represented by private counsel of his choice. He was not, however, permitted
2373666
Tennessee Board of Parole


The Tennessee Board of Parole, formerly known as the Tennessee Board of Pardons and Paroles and Tennessee Board of Probation and Parole, is the state parole board in Tennessee. The Board of Parole is an independent state agency led by seven board members appointed by the Governor. The Board has authority under state statute to issue parole to offenders who have served a certain percentage of their sentences, as well as to revoke parole privileges for parolees who fail to follow the rules and standards established for them as conditions of release. The Board
5481982
Jonathan Pollard


working at a job consistent with his education and intelligence. They further asserted that Pollard could not possibly remember information he saw before his arrest, and in any case, the parole conditions arbitrarily limited his computer usage, but not his ability to transfer information by other means. Netanyahu also reportedly renewed his request for a parole waiver during a meeting with Vice President Mike Pence. In May 2017, the court rejected the appeal, ruling that the parole conditions minimized the risk of harm he continued to pose to U.S. intelligence. Pollard
3213528
New York State Division of Parole


parole," used in place of "conditional discharge." In 1876, New York State passed a system of "indeterminate" sentences setting a minimum and maximum term and permitting parole release of those who had served the minimum; those selected by prison officials for parole were required to report monthly to citizen volunteers known as "Guardians." New York's statutory introduction of parole in 1877 represented the first official use in the United States of both the term and its practice. Although allowed, a system of parole would not
10395580
Langue and parole


to simply be reading the words in a book their ability to understand (or possibly misunderstand) the text is a result of a person's knowledge of the "langue" or rules of a certain language. Similarly, "langue" and "parole" have been highly influential in the study of the signs, termed semiotics. Saussure's most notable influence on semiotics was his belief that the rules and codes of a language ("langue") are vital in interpreting and gaining an understanding of that language system, while
5164160
Bilal Khazal


the ruling, Nicola McGarrity, a lecturer in terrorism law at the University of NSW, called the High Court ruling unsurprising as it was the only reasonable conclusion based on the evidence. In June 2013 the High Court dismissed an appeal against the severity of Khazal's sentence. In September 2017, Khazal, having served his nine-year non-parole period, was refused parole after a secret hearing heard that the Australian Government received high-level advice that Khazal's release would put at risk public safety and national security.
17834314
Guarantee


in the case of a joint and several guarantee by several sureties, unless all sign it none are liable thereunder. The limit of the surety's liability must be construed so as to give effect to what may fairly be inferred to have been the intention of the parties as expressed in writing. In cases of doubtful import, recourse to parol evidence is permissible, to explain, but not to contradict, the written evidence of the guarantee. As a general rule, the surety is not liable if the principal debt cannot
10751786
Leslie Van Houten


was overturned by a higher court, which said although parole hearings must consider evidence for an inmate being rehabilitated, a hearing had discretion to deny parole based solely on a review of the circumstances of the crime, if "some evidence" supported their decision. In 2013, Van Houten was denied parole for the twentieth time at a hearing. In announcing a decision to deny parole, the commissioner of the hearing board said that she had failed to explain how someone of her good background and intelligence could have committed such "cruel
17814869
New Zealand Parole Board


to set increasingly lengthy non-parole periods and required a minimum non-parole period of at least 17 years if aggravating factors were involved. This is evident in the 30-year non-parole period given to William Bell who murdered three people at the Mt Wellington-Panmure RSA - currently the longest non-parole period handed down. Those sentenced to life in prison may still be released on parole eventually. But the sentence is still 'life' and there is no guarantee they will ever get out. Former Board chairman,
21513512
Aggravated felony


) to establish a "prima facie" entitlement to re-admission after the deportation has been completed. Under the INA, the term "sentence" explicitly refers to any form of punishment that must be served inside a prison. Any "street time" (i.e., period of probation, parole, or supervised release) that was imposed as part of the defendant's sentence plainly does not count as term of imprisonment. A sentence of imprisonment with parole is called a "bifurcated sentence," and various U.S. courts of
2156615
Life imprisonment in England and Wales


system operates in Scotland, whereby the trial judge fixes a "punishment part" to "satisfy the requirements of retribution and deterrence". The prisoner cannot be considered for parole until this punishment part is served. For example, for a murder, someone may be given a life sentence with a minimum term of 15 years. This means they cannot be released on parole until the minimum term is served. Some prisoners serve considerably longer than the minimum term recommended by the trial judge - even if it was later reaffirmed
11677089
South African contract law


, accordingly, has the same legal effect as an express term. It is derived from the common intention of the parties, and is in this way an exception to the parol evidence rule. The common intention of the parties in such a case is inferred by the court from the express terms of the contract and the surrounding circumstances, including the subsequent conduct of the parties. Suppose, in the example given above, that the spectator hired the seat for the purpose of seeing a certain ceremony that both parties contemplated would take
16840105
Australian contract law


negotiations is an enforceable term depends on whether or not the contract is one that is fully in writing, or one that contains an oral agreement. If a contract is fully in writing, then no statements made outside of the contractual document will be enforceable. This is known as the Parol evidence rule. This is sometimes made even more explicit by the inclusion of an entire agreement clause, which clarifies that no other statements or extrinsic materials may have any bearing on the terms. In the absence of an entire agreement or merger
22167006
Mickey Thompson


October 2006, a Pasadena Superior Court judge ordered Goodwin to stand trial. On January 4, 2007, a jury found the accused guilty of two counts of murder in the death of Thompson and his wife. Goodwin was sentenced to two consecutive life-without-parole terms. A subsequent motion for a new trial was denied. In the 2015 California 2nd District Court of Appeal ruling, although no direct evidence connected Goodwin to the case, the array of circumstantial evidence was found to be "overwhelming". The murder investigation
9565323
Codelfa Construction Pty Ltd v State Rail Authority of NSW


On appeal, Justices Reynolds, Glass and Samuels of the Court of Appeal varied Justice Ash's implied term but reached the same conclusion that an implied term could be found in the contract but that the contract was not frustrated. Codelfa Construction then appealed to the High Court challenging the finding regarding the action in frustration. The State Rail Authority cross-appealed on a number of grounds centrally challenging the court's assertion that a term could be implied into the contract. According to the parol evidence rule, it can be said that
5344581
Colin Pitchfork


the Parole Board for England and Wales heard Pitchfork's case for early release on parole. Pitchfork's advocates presented evidence of his improved character, noting that Pitchfork had furthered his education to degree level and had become expert at the transcription of printed music into braille, for the benefit of the blind. The families of victims Lynda Mann and Dawn Ashworth opposed his release on parole. On 29 April 2016, the Parole Board announced that Pitchfork's petition for parole had been denied, but they then issued a recommendation that Pitchfork be
15131306
Texas Department of Criminal Justice


preparole transfer program, and inmates in the work program. The division also investigates proposed parole plans from inmates, tracks parole eligible cases, and submits cases to the Texas Board of Pardons and Paroles. The division does not make decisions on whether inmates should be released or whether paroles should be revoked. The TDCJ Parole Division has its central office in Austin. The parole division contracts with several agencies which operate halfway houses. Organizations that contract with the TDCJ include GEO Group (previously Cornell Corrections), Southern Corrections, Wayback House
21359024
Parole Board for England and Wales


The Parole Board for England and Wales was established in 1968 under the Criminal Justice Act 1967. It became an independent executive non-departmental public body (NDPB) on 1 July 1996 under the Criminal Justice and Public Order Act 1994. The Parole Board is governed by the Parole Board Rules 2016 () made by Parliament under the Criminal Justice Act 2003. Parole Board members are appointed by the Secretary of State for Justice, but are required to take judicial decisions independent of Government. The Parole Board's role is to make
12972414
Life imprisonment in England and Wales


This ruling was endorsed by at least one Home Secretary and High Court judge, but after the pair confessed to two more murders in 1986, Hindley's minimum term was increased to 30 years and then replaced by a whole life tariff in 1990, although she was not informed of the decision until 1994 - following a High Court ruling that the Home Secretary was obliged to inform all life sentence prisoners when or if they could be considered for parole. This was despite reports by Parole Board and prison officials which stated that Hindley should
11677085
Langue and parole


'rise'. The notion or sound pattern remains unchanged even if the other changes. It is by understanding the relationship of the two parts of a sign through "langue" that the gist of communication or "parole" may be understood. Without the understanding of "langue", "parole" would be meaningless sounds or symbols grouped together haphazardly. Saussure used the example of chess to explain how "langue" and "parole" work together. "Langue" is the normative rules in a chess game while parole
5164155
Murder of Sarah Payne


Home Secretary David Blunkett ordered that Roy Whiting must serve a minimum of 50 years in prison. This made him ineligible for parole until 2051, meaning that he would have to live to be at least 92 before parole could be considered; this was in effect an agreement with the trial judge's recommendation of a whole life tariff. Within 48 hours of the ruling being made, the Law Lords and the European Court of Human Rights had ruled in favour of another convicted murderer (Anthony Anderson) who was challenging the right of
18147456
Validation (gang membership)


Validation is a legal process in the United States where criminal justice authorities (prison officials, parole officers, police officers, or prosecutors) designate that a person is a member of a gang. Once a person is validated as a gang member, the person is subject to increased sentences, harsher punishments (such as solitary confinement) and more restrictive parole rules. To validate a person as a gang member, the officials generally must provide evidence of several factors, such as tattoos, photographs, admissions, clothing, etc.
22194378
Texas Board of Pardons and Paroles


The Texas Board of Pardons and Paroles (BPP) is a state agency of Texas, with a central office in Austin. In making parole and clemency decisions, the board seeks to preserve public safety while restoring human potential through the supervised reintegration of offenders into society. The BPP was created by Constitutional Amendment in 1935. The board is charged with determining which prisoners are to be released on parole or discretionary mandatory supervision and under what conditions of parole supervision. If a parolee violates a parole condition, the board also makes decisions
2578883
Advance parole


". For applicants who apply for advance parole together with an employment authorization document (EAD), USCIS issues a "combo card", a variant of the EAD card which contains the words "SERVES AS I-512 ADVANCE PAROLE". Advance parole does not guarantee admission into the United States. Aliens who have obtained advance parole are still subject to the inspection process of the U.S. Customs and Border Protection at the port of entry. However, aliens who would otherwise be automatically inadmissible due to a period of unlawful presence, will
11814450
Greenough Family Massacre


a Crown appeal ordered the non-parole period to be revoked. There followed a series of Supreme and High Court appeals, including a ruling that Mitchell would never be released. Mitchell is currently incarcerated in Bunbury Regional Prison in Western Australia. An appeal overturned the non-release ruling and reinstated his 20-year non-parole period, and he consequently became eligible for parole in 2013, with a three-year review in 2016. In September 2013, Mitchell was refused parole. Attorney General Michael Mischin stated that his decision to
19510113
Partial integration (contract law)


In contract law, partial integration occurs when a contract contains some, but not all, terms of agreement for a contract. Restatement section 210(2). In contrast, a complete integration is a contract that contains all terms that the parties agreed to. Restatement Second of Contracts section 210(1). It is a "complete and exclusive" expression of everything the parties have agreed to. Whether the contract is completely or partially integrated is the first step a court must undertake in applying the Parol Evidence Rule. See Restatement Second of
21636125
Partial integration (contract law)


that if terms would naturally be included but were not, then the parties must have purposely left those terms out of the contract all together. According to the Williston approach, only if the written instrument looks incomplete is it partially integrated. If it is partially integrated, then you can apply the Parol Evidence Rule. For more on the Williston approach see Mitchel v. Lath (1928). An alternate approach to determining whether a contract is partially or totally integrated is the Corbin approach. In the Corbin approach, parties' intent
21636128
Ambiguity (law)


In contract law, ambiguity is a situation in which the terms of a contract have multiple definitions or refer to multiple subjects. Patent ambiguity and latent ambiguity differ in what situation led to the ambiguity existing and therefore the type of evidentiary basis that might be allowed to resolving it. Patent ambiguity is that ambiguity which is apparent on the face of an instrument to any one perusing it, even if unacquainted with the circumstances of the parties. In the case of a patent ambiguity, parol evidence is admissible to explain only what has
1863113
Murder of Anni Dewani


the crime was a contract killing. Mngeni was ruled to have been the person who shot Anni Dewani. The court's findings were superseded by the judgement in the later trial of Shrien Dewani, in which the court found the earlier determinations had been made on the basis of flawed forensic evidence, and perjury of Qwabe and Mbolombo, the two key witnesses. In July 2014, it was confirmed that a medical parole application had been made for Mngeni, who was terminally ill with a brain tumour. He was denied parole and
3427494