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Adversarial System
The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law (legal system), civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case. The adversarial system is the two-sided structure under which Criminal procedure, criminal trial courts operate, putting the prosecution against the defense. Basic features Adversarial systems are considered to have three basic features. The first is a neutral decision-maker such as a judge or jury. The second is presentation of evidence in support of each party's case, usually by lawyers. The third is a highly structured procedure. The rules of evi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malloy V
Malloy is a surname of Irish origin, meaning "noble chief" (irish). (See also Molloy.) The name may refer to: *Dannel Malloy (born 1955), American politician, 88th Governor of Connecticut *Danny Malloy (footballer) (1930–2015), former Scottish footballer *Dave Malloy (born 1976), American musical theater composer and playwright *David Malloy, American country music songwriter and producer *Doug Malloy, pseudonym of Richard Simonton, American business executive and body piercer *Duncan Malloy *Edward Malloy (born 1941), American priest, president of the University of Notre Dame 1987–2005 *Janine Malloy, character from the BBC soap opera ''EastEnders'' *Jim Malloy (1935–1972), American Indy 500 racecar driver *Jim Malloy (recording engineer) (1931–2018), American Grammy-winning recording engineer *Judy Malloy, American poet *Justyn-Henry Malloy (born 2000), American baseball player *Kady Malloy, contestant on the American Idol (season 7), seventh season of ''American Idol'' *L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Man
Rule of man (where "man" is used in a genderless manner) is a type of ''personal rule'' in an unaccountable society where rules change from ruler to ruler. It is a society in which one person, regime, or a group of persons, rules arbitrarily. While rule of man can be explained as the absence of rule of law, this theoretical understanding results in a paradox. Realism dictates that man and law do not stand apart and that the rules of each are not opposites. Rather law depends deeply on a state composed of men. On the other hand, as a positive concept, the rule of man, "a man capable of ruling better than the best laws", was championed in ancient Greek philosophy and thinking as early as Plato. The debate between rule of man versus rule of law extends to Plato's student Aristotle, and to Confucius and the Legalists in Chinese philosophy. Negative associations Rule of man is associated with numerous negative concepts such as tyranny, dictatorship and despotism, and their vari ... [...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 creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inference
Inferences are steps in logical reasoning, moving from premises to logical consequences; etymologically, the word '' infer'' means to "carry forward". Inference is theoretically traditionally divided into deduction and induction, a distinction that in Europe dates at least to Aristotle (300s BC). Deduction is inference deriving logical conclusions from premises known or assumed to be true, with the laws of valid inference being studied in logic. Induction is inference from particular evidence to a universal conclusion. A third type of inference is sometimes distinguished, notably by Charles Sanders Peirce, contradistinguishing abduction from induction. Various fields study how inference is done in practice. Human inference (i.e. how humans draw conclusions) is traditionally studied within the fields of logic, argumentation studies, and cognitive psychology; artificial intelligence researchers develop automated inference systems to emulate human inference. Statist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right To Silence
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ''e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perjury
Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an instance of a person’s deliberately making material false or misleading statements while under oath. – Also termed false swearing; false oath; (archaically forswearing." Like most other crimes in the common law system, to be convicted of perjury one must have had the ''intention'' (''mens rea'') to commit the act and have ''actually committed'' the act (''actus reus''). Further, statements that ''are facts'' cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an ''interpretation'' of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross-examination
In law, cross-examination is the interrogation of a witness by one's opponent. It is preceded by direct examination (known as examination-in-chief in Law of the Republic of Ireland, Ireland, the Law of the United Kingdom, United Kingdom, Australian legal system, Australia, Law of Canada, Canada, Law of South Africa, South Africa, Law of India, India and Law of Pakistan, Pakistan) and may be followed by a Redirect examination, redirect (known as re-examination in the aforementioned countries). A redirect examination, performed by the attorney or pro se individual who performed the direct examination, clarifies the witness' testimony provided during cross-examination including any subject matter raised during cross-examination but not discussed during direct examination. Recross examination addresses the witness' testimony discussed in redirect by the opponent. Depending on the judge's discretion, opponents are allowed multiple opportunities to redirect and recross examine witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gideon V
Gideon (; ) also named Jerubbaal and Jerubbesheth, was a military leader, judge and prophet whose calling and victory over the Midianites is recounted in of the Book of Judges in both the Hebrew Bible and the Christian Bible. Gideon was the son of Joash, from the Abiezrite clan in the tribe of Manasseh and lived in Ephra (Ophrah). As a leader of the Israelites, he won a decisive victory over a Midianite army despite a vast numerical disadvantage, leading a troop of 300 men. Archaeologists in southern Israel have found a 3,100-year-old fragment of a jug with five letters written in ink that appear to represent the name Jerubbaal, or Yeruba'al. Names The nineteenth-century Strong's Concordance derives the name "Jerubbaal" from "Baal will contend", in accordance with the folk etymology, given in . According to biblical scholar Lester Grabbe (2007), " udges6.32 gives a nonsensical etymology of his name; it means something like 'Let Baal be great. Likewise, where Strong gav ... [...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 Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or 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." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil War
The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of America, Confederacy ("the South"), which was formed in 1861 by U.S. state, states that had Secession in the United States, seceded from the Union. The Origins of the American Civil War, central conflict leading to war was a dispute over whether Slavery in the United States, slavery should be permitted to expand into the western territories, leading to more slave states, or be prohibited from doing so, which many believed would place slavery on a course of ultimate extinction. Timeline of events leading to the American Civil War, Decades of controversy over slavery came to a head when Abraham Lincoln, who opposed slavery's expansion, won the 1860 presidential election. Seven Southern slave states responded to Lincoln's victory by seceding f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Erskine, 1st Baron Erskine
Thomas Erskine, 1st Baron Erskine, (10 January 175017 November 1823) was a British Whig lawyer and politician. He served as Lord High Chancellor of Great Britain between 1806 and 1807 in the Ministry of All the Talents. Background and childhood Erskine was the third and youngest surviving son of Henry David Erskine, 10th Earl of Buchan and Agnes Steuart, the daughter of Sir James Steuart, solicitor general for Scotland. His older brothers were David (Lord Cardross and later the 11th Earl of Buchan) and Henry (later Lord Advocate of Scotland). His elder sister was Lady Anne Agnes Erskine who was involved with the evangelical Methodists of Countess of Huntingdon's Connexion. Erskine was born in a tenement at the head of South Grays Close on the High Street in Edinburgh. His mother undertook much of her children's education as the family, though noble, were not rich. The family moved to St Andrews, where they could live more cheaply, and Erskine attended the grammar scho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
