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Addington V. Texas
''Addington v. Texas'', 441 U.S. 418 (1979), was a landmark decision of the US Supreme Court that set the standard for involuntary commitment for treatment by raising the burden of proof required to commit persons for psychiatric treatment from the usual civil burden of proof of "preponderance of the evidence" to "clear and convincing evidence". Background Before Frank Addington was arrested on the misdemeanor charge of "assault threat" against his mother, Addington's mother filed a petition with the court, in accordance with Texas law, requesting that Addington be indefinitely involuntarily committed to a state psychiatric hospital. Addington had a long history of mental and emotional problems and past psychiatric hospitalizations. The state trial court issued jury instructions that the decision be based on " clear, unequivocal and convincing evidence" that Addington was mentally ill and that hospitalization was required for his own welfare and the welfare of others. The ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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United States Civil Commitment Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases Of The Burger Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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Jones V
Jones may refer to: People *Jones (surname), a common Welsh and English surname *List of people with surname Jones *Jones (singer), a British singer-songwriter Arts and entertainment * Jones (''Animal Farm''), a human character in George Orwell's novel ''Animal Farm'' * "Jones" (''Law & Order: Criminal Intent''), an episode of the TV series *Jones!, a New Zealand television channel *"Jones", a song from the album '' Certain Things Are Likely'' by Kissing the Pink Organisations *Jones Bootmaker, a UK-based footwear retailer *Jones Soda, a brand of soda pop *Jones Sewing Machine Company, a British manufacturer acquired by Brother Industries *L&F Jones, a British retail and hotel company Places * Jones, Ontario, Canada *Jones, Isabela, Philippines United States *Jones, Alabama *Jones, Illinois *Jones, Kentucky *Jones, Michigan *Jones, Oklahoma *Jones, West Virginia *Jones Township (other) Science and technology *Jones (Martian crater), an impact crater on Mars *Jones (un ...
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O'Connor V
O'Connor or O'Conor may refer to: People * O'Connor or O'Conor, an Irish clan * O'Connor Sligo, a royal dynasty ruling the northern part of the Kingdom of Connacht * O'Connor (surname), including a list of people with the surname Places *Burnet O'Connor Province, a province in the Tarija Department in Bolivia *Division of O'Connor, a Western Australian electoral district in the Australian House of Representatives *O'Connor, Australian Capital Territory *O'Connor Island, Windmill Islands, Antarctica * O'Connor, Nebraska, U.S. *O'Connor, Ontario, Canada *O'Connor, Western Australia, suburb of Perth *Port O'Connor, Texas, U.S. Other *O'Connor Airlines, a former South Australian airline * O'Connor Drive, Toronto, Canada *''O'Connor v. Donaldson'', a 1975 U.S. Supreme Court decision on the rights of mental health patients *'' O'Connor v. Ortega'', a 1987 U.S. Supreme Court decision on the privacy rights of government employees at work *Sandra Day O'Connor High School (Arizona), Glendale ...
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Jackson V
Jackson may refer to: People and fictional characters * Jackson (name), including a list of people and fictional characters with the surname or given name Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Queensland, a locality in the Maranoa Region * Jackson South, Queensland, a locality in the Maranoa Region * Jackson oil field in Durham, Shire of Bulloo, Queensland * Mount Jackson, Western Australia Canada * Jackson Inlet, Nunavut * Jackson Island (Nunavut) * Jackson, a small community southeast of London, Ontario United States * Jackson, Alabama * Jackson, California * Jackson, Georgia * Jackson, Idaho * Jackson, Indiana * Jackson, Ripley County, Indiana * Jackson, Kentucky * Jackson, Louisiana * Jackson, Maine * Jackson, Michigan * Jackson, Minnesota * Jackson, Mississippi, the state capital and most populous city of Mississippi * Jackson, Missouri * Jackson, Montana * Jackson, Nebraska * Jackson, New Hampshire * Jackson, Camden Co ...
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Clear And Convincing Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be d ...
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Beyond A Reasonable Doubt
Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty, or in extreme cases, life, as well as suffering the collateral consequences and social stigma attached to a conviction. The prosecution is tasked with providing evidence that establishes guilt beyond a reasonable doubt in order to get a conviction; failure to do so entitles the accused to an acquittal. This standard of proof is widely accepted in many criminal justice systems, and its origin can be traced to Blackstone's ratio, "It is better that ten guilty persons escape than that one innocent suffer." In practice Because a defendant is presumed to be innocent, the prosecution has the burden of proving the defendant's guilt on every e ...
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