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Abatement Ab Initio
Abatement ''ab initio'' (Latin for "from the beginning") is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedings initiated against that defendant from indictment through conviction. Abatement ''ab initio'' was the subject of two United States Supreme Court decisions, '' Durham v. United States'' (1971) and '' Dove v. United States'' (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals. Cases Abatement ''ab initio'' was used in federal court to overturn the conviction of Enron CEO Kenneth Lay. In the state of Massachusetts, it was used to overturn the convictions of John Salvi, and Aaron Hernandez, both convicted of murder. In the latter case, however, the state appealed the decision; in March 2019 the Massachusetts Supreme Judicial Court reinstated Hernandez's conviction, and ended the use of t ... [...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 so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Salvi
John C. Salvi III (March 2, 1972 – November 29, 1996) was an anti-abortion extremist who carried out fatal shootings at two abortion facilities in Brookline, Massachusetts on December 30, 1994. The shootings killed two and wounded five. An insanity defense at his trial was not successful and he was convicted of two counts of murder and sentenced to life in prison without the possibility of parole. He died in 1996 in what was officially ruled a suicide in his jail cell. Brookline shootings In the mid-morning of December 30, 1994, John Salvi walked into the Planned Parenthood clinic on Beacon Street in Brookline, Massachusetts, carrying a black duffle bag. In the waiting room, he took a modified .22-caliber Ruger 10/22 semi-automatic rifle from the bag and wordlessly opened fire. A medical assistant, Arjana Agrawal, was hit in the abdomen. Salvi then shot at receptionist Shannon Lowney in the neck, killing her instantly. Approximately forty people were in the room during the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ab Initio
''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning"). Etymology Circa 1600, from Latin, literally "from the beginning", from ablative case of ''initium'' "entrance", "beginning", related to verb ''inire'' "to go into", "enter upon", "begin". Uses ''Ab initio'' (abbreviation: ''ab init.'') is used in several contexts, including the following: Law In law, ''ab initio'' refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ''ab initio''" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ''ab initio''". Typically, documents or acts which are void ''ab initio'' cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New England Patriots
The New England Patriots are a professional American football team based in the Greater Boston area. They compete in the National Football League (NFL) as a member club of the league's American Football Conference (AFC) AFC East, East division. The Patriots play home games at Gillette Stadium in Foxborough, Massachusetts, which is southwest of downtown Boston. The franchise is owned by Robert Kraft, who purchased the team in 1994. As of 2022, the Patriots are the ninth Forbes list of the most valuable sports teams, most valuable sports team in the world and have sold out every home game since 1994. Founded in 1959 as the Boston Patriots, the team was a charter member of the American Football League (AFL) before joining the NFL in 1970 through the AFL–NFL merger. The Patriots played their home games at various stadiums throughout Boston until the franchise relocation of professional sports teams, moved to Foxborough in 1971. As part of the move, the team changed its name to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Odin Lloyd
Odin Leonardo John Lloyd (November 14, 1985 – June 17, 2013) was a semi-professional American football player who was murdered by Aaron Hernandez, a former tight end for the New England Patriots of the National Football League, in North Attleborough, Massachusetts, on June 17, 2013. Lloyd's death made international headlines following Hernandez's association with the investigation as a suspect. Lloyd had been a linebacker for a New England Football League (NEFL) semi-professional football team, the Boston Bandits, since 2007. Hernandez was arrested on June 26, 2013, and charged with the murder. Ninety minutes after his arrest, Hernandez was released by the Patriots. Police also arrested two other men in connection with Lloyd's death: Carlos Ortiz on June 27, 2013, and Ernest Wallace on June 28, 2013. Prosecutors say both men were with Hernandez when they drove to the location of the murder. On August 22, 2013, Hernandez was indicted by a grand jury for the murder of Odin Lloyd. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aaron Hernandez
Aaron Josef Hernandez (November 6, 1989 April 19, 2017) was an American football tight end. He played in the National Football League (NFL) for three seasons with the New England Patriots until his career came to an abrupt end after his arrest and conviction for the murder of Odin Lloyd. An All-American at Florida, Hernandez was selected by the Patriots in the fourth round of the 2010 NFL Draft. Alongside teammate Rob Gronkowski, he formed one of the league's most dominant tight end duos, becoming the first pair to score at least five touchdowns each in consecutive seasons for the same team. He made one Super Bowl appearance in Super Bowl XLVI. During the 2013 offseason, Hernandez was arrested and charged for the murder of Lloyd, a semi-professional player who was dating the sister of Hernandez's fiancée. Following his arrest, Hernandez was immediately released by the Patriots. He was found guilty of first-degree murder in 2015 and sentenced to life in prison without the pos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut [Massachusett writing systems, məhswatʃəwiːsət],'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manuf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Lay
Kenneth Lee Lay (April 15, 1942 – July 5, 2006) was an American businessman who was the founder, chief executive officer and chairman of Enron. He was heavily involved in the eponymous accounting scandal that unraveled in 2001 into the largest bankruptcy ever to that date. Lay was indicted by a grand jury and was found guilty of 10 counts of securities fraud at trial. Lay died in July 2006 while vacationing in his house near Aspen, Colorado, three months before his scheduled sentencing. A preliminary autopsy reported Lay died of a heart attack caused by coronary artery disease. His death resulted in a vacated judgment. Lay left behind "a legacy of shame" characterized by "mismanagement and dishonesty". In 2009 a list posted on portfolio.com ranked Lay as the third-worst American CEO of all time. His actions were the catalyst for subsequent and fundamental corporate reform in regard to "standards of leadership, governance, and accountability". Lay was one of America's high ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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