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Batson Challenge
''Batson v. Kentucky'', 476 U.S. 79 (1986), was a landmark decision of the United States Supreme Court ruling that a prosecutor's use of a peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. The Court ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment. The case gave rise to the term ''Batson challenge'', an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. Subsequent jurisprudence has resulted in the extension of ''Batson'' to civil cases (''Edmonson v. Leesville Concrete Company'') and cases where jurors are excluded on the basis of sex (''J.E.B. v. Alabama ex rel. T.B.''). The principle had been established previously by several state courts, including the California Supreme Court in 1978, the Massachusetts Supreme Judicial Court in 1979, and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Circuit Courts
The Kentucky Circuit Courts are the state courts of general jurisdiction in the U.S. state of Kentucky. Jurisdiction and bench The Circuit Courts are trial courts with original jurisdiction in cases involving capital offenses and other felonies; land disputes; contested probates of wills; and civil lawsuits in disputes with an amount in controversy over $5,000. Circuit courts also have the power to issue injunctions, writs of prohibition, writs of mandamus, and appeals from the decisions of administrative agencies. Circuit Courts also hear appeals from the District Courts, which in Kentucky are courts of limited jurisdiction that hear misdemeanor criminal cases, traffic violations, violations of county and municipal ordinances and small claims. The family court division of Circuit Court has original jurisdiction in cases involving dissolution of marriage (divorce), child custody, visitation, maintenance and support (alimony and child support), equitable distribution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louisville, Kentucky
Louisville ( , , ) is the largest city in the Commonwealth of Kentucky and the 28th most-populous city in the United States. Louisville is the historical seat and, since 2003, the nominal seat of Jefferson County, on the Indiana border. Named after King Louis XVI of France, Louisville was founded in 1778 by George Rogers Clark, making it one of the oldest cities west of the Appalachians. With nearby Falls of the Ohio as the only major obstruction to river traffic between the upper Ohio River and the Gulf of Mexico, the settlement first grew as a portage site. It was the founding city of the Louisville and Nashville Railroad, which grew into a system across 13 states. Today, the city is known as the home of boxer Muhammad Ali, the Kentucky Derby, Kentucky Fried Chicken, the University of Louisville and its Cardinals, Louisville Slugger baseball bats, and three of Kentucky's six ''Fortune'' 500 companies: Humana, Kindred Healthcare, and Yum! Brands. Muhamm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Griffith V
Griffith may refer to: People * Griffith (name) * Griffith (surname) * Griffith (given name) Places Antarctica * Mount Griffith, Ross Dependency * Griffith Peak (Antarctica), Marie Byrd Land * Griffith Glacier, Marie Byrd Land * Griffith Ridge, Victoria Land * Griffith Nunataks, Victoria Land * Griffith Island Australia * Griffith, New South Wales, a city * City of Griffith, a local government area which includes Griffith, New South Wales * Griffith, Australian Capital Territory, a suburb of Canberra * Division of Griffith, a parliamentary electorate in Queensland Canada * Griffith Island (Georgian Bay), Ontario * Griffith Island (Nunavut) United States * Griffith Park, a public park in Los Angeles, California * Griffith, Indiana, a town and suburb of Chicago * Griffith Lake, Vermont * Griffith, Virginia, an unincorporated community * Griffith Peak, Nevada * Griffith Quarry, near Penryn, California Education * Griffith Institute, Oxford, Great Britain * Griffith ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul College of Law in 1931. He helped secure the Minnesota delegation's support for Dwight D. Eisenhower at the 1952 Republican National Convention. After Eisenhower won the 1952 presidential election, he appointed Burger to the position of Assistant Attorney General in charge of the Civil Division. In 1956, Eisenhower appointed Burger to the United States Court of Appeals for the District of Columbia Circuit. Burger served on this court until 1969 and became known as a critic of the Warren Court. In 1969, President Richard Nixon nominated Burger to succeed the Chief Justice, Earl Warren, and Burger won Senate confirmation with little opposition. He did not emerge as a strong intellectual force on the Court, but sought to improve the administ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis Franklin Powell, Jr
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * "Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis number, a dimensionless n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the U.S. state of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of Appeals is now Kentucky's intermediate appellate court. Criminal appeals involving a sentence of death, life imprisonment, or imprisonment of twenty years or more are heard directly by the Kentucky Supreme Court, bypassing the Kentucky Court of Appeals. All other cases are heard on a discretionary basis on appeal from the Kentucky Court of Appeals. The Kentucky Supreme Court promulgates the Rules of Court and Rules of Evidence. Through two of its subagencies, the Kentucky Office of Bar Admissions (KYOBA) and Kentucky Bar Association (KBA), it is the final arbiter for bar admissions (KYOBA) and discipline (KBA). In the event that two or more justices of the Kentucky Supreme Court recuse themselves from a case, the Governor of Kentucky a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In ''Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It has additionally held that the requirement of a pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Challenge For Cause
Strike for cause (also referred to as challenge for cause or removal for cause) is a method of eliminating potential members from a jury panel in the United States. During the jury selection process, after ''voir dire'', opposing attorneys may request removal of any juror who does not appear capable of rendering a fair and impartial verdict, in either determining guilt or innocence and/or a suitable punishment.Arbetman, Lee P. & O'Brien, Edward L. ''Glencoe Street Law'', pg. 50,648. Glencoe/McGraw-Hill, New York, 2005. . An example would be a potential juror in a murder case, where the sentencing options include the death penalty and a lesser sentence (such as life without parole), who states that they "would sentence a defendant to death if found guilty"; such a statement may indicate the person's unwillingness to fairly consider a life without parole sentence. Unlike a peremptory challenge (the number of which are limited by the court during ''voir dire'', and unless a Batson cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
