|
2009 Term United States Supreme Court Opinions Of John Roberts
{{SCOTUS-justice-listframe , firstname=John , lastname=Roberts , chief=yes , image=File:File-Official roberts CJ cropped.jpg , term=2009 , tenurecount=fifth , startdate=October 5, 2009 , enddate=October 3, 2010 , majority=8 , concurrence=3 , concurrencedissent=2 , dissent=4 , other=2 , benchcount=15 , relatingtoorders=2 , inchambers=2 , unanimous=0 , mostjoinedby=Scalia (11) , leastjoinedby=Breyer (3) , url-courtopinions=https://www.supremecourt.gov/opinions/slipopinion/09 , url-relatingtoorders=https://www.supremecourt.gov/opinions/relatingtoorders/09 , url-inchambers=https://www.supremecourt.gov/opinions/in-chambers/09 , accessdate=October 4, 2010 , opinionstemplate=John Roberts opinions , courttemplate=SCOTUSterm2009-2010 , entries= {{SCOTUS-justice-listentry , #=01 , case=Beard v. Kindler , type=majority , volume=558 , page=53 , year=2009 , issues=habeas corpus review {{* adequate and independent state ground doctrine {{* discretionar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Review
In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower court's decision. A high standard of review means that deference is accorded to the decision under review, so that it will not be disturbed just because the reviewing court might have decided the matter differently; it will be varied only if the higher court considers the decision to have obvious error. The standard of review may be set by statute or precedent (stare decisis). In the United States, "standard of review" also has a separate meaning concerning the level of deference the judiciary gives to Congress when ruling on the constitutionality of legislation. United States In the United States, the term "standard of review" has several different meanings i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory Victims Restitution Act
Mandate most often refers to: * League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919 * Mandate (politics), the power granted by an electorate Mandate may also refer to: * Mandate (after shave), British after shave brand * Mandate (criminal law), an official or authoritative command; an order or injunction * Mandate (international law), an obligation handed down by an inter-governmental body * ''Mandate'' (magazine), a monthly gay pornographic magazine * Mandate (trade union), a trade union in Ireland * , various ships of Britain's navy * Mandate (typeface), a brash-brush typeface designed by R. Hunter Middleton * The formal notice of decision from an appeals court * A requirement for a Health maintenance organization to provide a particular product See also * Contract of mandate, a contract of bailment of goods without reward, to be carried from place to place, or to have some act performed abou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Southeast Interstate Low-Level Radioactive Waste Compact
The points of the compass are a set of horizontal, radially arrayed compass directions (or azimuths) used in navigation and cartography. A compass rose is primarily composed of four cardinal directions—north, east, south, and west—each separated by 90 degrees, and secondarily divided by four ordinal (intercardinal) directions—northeast, southeast, southwest, and northwest—each located halfway between two cardinal directions. Some disciplines such as meteorology and navigation further divide the compass with additional azimuths. Within European tradition, a fully defined compass has 32 'points' (and any finer subdivisions are described in fractions of points). Compass points are valuable in that they allow a user to refer to a specific azimuth in a colloquial fashion, without having to compute or remember degrees. Designations The names of the compass point directions follow these rules: 8-wind compass rose * The four cardinal directions are north (N), east (E), s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Contempt
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the Euro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eighth Amendment To The United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Initiatives And Referendums In The United States
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation, or to place legislation that has recently been passed by a legislature on a ballot for a Referendum, popular vote. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several State constitution (United States), state constitutions, particularly in the Western United States, West. It is a form of direct democracy. The technical name of these types of votes used internationally is referendum, but within the United States they are commonly known as ballot measures, propositions or ballot questions. Referendum within the United States normally refer specifically to questions about striking down enacted law, known internationally as the popular referendum. History The Progressive Era was a period marked by reforms aimed at breaking the con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Same-sex Unions In The District Of Columbia
In the District of Columbia, same-sex marriage has been legal since March 3, 2010. On December 18, 2009, Mayor Adrian Fenty signed a bill passed by the D.C. Council on December 15 legalizing same-sex marriage. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, and marriages began on March 9, 2010. The District of Columbia became the first jurisdiction in the United States below the Mason–Dixon line to allow same-sex couples to marry. In addition to recognizing same-sex marriages, the District has also allowed residents to enter into registered domestic partnerships since 1992. Since the passage of the ''Domestic Partnership Judicial Determination of Parentage Act of 2009'', the District has recognized civil unions and domestic partnerships performed in other jurisdictions that have all the rights and responsibilities of marriage. The law gives the mayor discretion to recognize relationshi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistrial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: ''" r shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."'' The four essential protections included are prohibitions against, for the same offense: *retrial after an acquittal; *retrial after a conviction; *retrial after certain mistrials; and *multiple punishment Jeopardy attaches in jury trial when the jury is empaneled and sworn in, in a bench trial when the court begins to hear evidence after the first witness is sworn in, or when a court accepts a defendant's plea unconditionally. Jeopardy does not attach in a retrial of a conviction that was reversed on appeal on procedural grounds (as opposed to evidentiary insufficiency grounds), in a retrial for which "manifest necessity" has been shown following a mistrial, and in the seating of another grand jury if the prior one refuses to return an indictment. "Same offense" In ''United Sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
(c).jpg "Click for more on -> Fifth Amendment To The United States Constitution")