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Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."Re, Richard"The Due Process Exclusionary Rule: A new textual foundation for a rule in crisis" ''Harvard Law Review'', Vol. 127, p. 1885 (2014). ''See also'"Regarding Re’s Revisionism: Notes on The Due Process Exclusionary Rule" ''Harvard Law Review'', Vol. 127, p. 302 (2014). The e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. However, as a vague term, the definition of a technicality varies from person to person, and it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term. Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law. Other legal technicalities deal with aspects of substantive law, that is, aspects of the law that articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal laws or civil laws.In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weeks V
A week is a unit of time equal to seven days. It is the standard time period used for short cycles of days in most parts of the world. The days are often used to indicate common work days and rest days, as well as days of worship. Weeks are often mapped against yearly calendars, but are typically not the basis for them, as weeks are not based on astronomy. The modern seven-day week can be traced back to the Babylonians, who used it within Babylonian calendar, their calendar. Other ancient cultures had different week lengths, including ten in Ancient Egypt, Egypt and an eight-day week for Etruscan civilization, Etruscans. The Etruscan week was adopted by the Ancient Romans, but they later moved to a seven-day week, which had spread across Western Asia and the Eastern Mediterranean. In 321 AD, Emperor Constantine officially decreed a seven-day week in the Roman Empire, including making Sunday a public holiday. This later spread across Europe, then the rest of the world. In Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. The Court is composed of a Chief Justice and six Associate Justices. The Court holds its regular sessions in Des Moines in the Iowa Judicial Branch Building located at 1111 East Court Avenue on the state Capitol grounds, south of the Iowa State Capitol. History In 1846, Iowa became the 29th state to join the United States. Following the constitution of the Federal government, the powers of the government in Iowa were divided into the legislative branch, the executive branch, and the judicial branch. The Iowa General Assembly divided the state into four judicial districts, and Supreme Court justices were to serve six year terms, while district judges were elected for five year terms. The Constitution of Iowa of 1857 increased the number of judicial districts to 11, and allowed the General Assembly to reorganize districts after 1860 and every four years thereafter. Functions The Supreme Court of Iowa is an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boyd V
Boyd may refer to: Places Canada * Boyd Conservation Area, a conservation area located northwest of Toronto, Ontario * Boyd Lake (other) United States * Boyd County (other) * Boyd, Indiana * Boyd, Iowa * Boyd, Kansas * Boyd, Kentucky * Boyd, Minnesota * Boyd, Missouri * Boyd, Texas * Boyd, Wisconsin Elsewhere * Boyd Cave, Oregon * Boyd Escarpment, in Antarctica * Boyd Island, Antarctica * Boyd River (other), several rivers in Australia *River Boyd, in the UK People * Boyd (given name), a list of people with the given name * Boyd (surname), the surname, and a list of people with the surname * Boyd baronets, two baronetcies * Boyd Family, an Australian family * Boyd Gang, a criminal gang * Clan Boyd, a Scottish clan Brands and enterprises *Boyd, an archaic Bordeaux wine producing estate since divided into: ** Château Boyd-Cantenac ** Château Cantenac-Brown * Boyd, an American manufacturer of environmental seals and energy management p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writs Of Assistance
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and '' certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Warrant
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a ''writ of restitution'' or a ''writ of possession''. In the area of customs, writs of assistance were a product of enactments of the British Parliament beginning with the Customs Act of 1660 (12 Charles II c.11, sec. 1) though the first mention of the phrase was in the follow-up Customs Act of 1662 (14 Charles II, c.11, sec.4). The writs of assistance were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French ''replevir'', derived from ''plevir'' ("to pledge"), which is derived from the Latin ''replegiare'' ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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