Blank Pad Rule
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Blank Pad Rule
The blank pad rule is an American term for the legal doctrine and metaphor in common law that requires a tribunal to base its decision solely upon evidence established at trial.Kenneth Graham, ''Confrontation Stories: Raleigh on the Mayflower'', 3 209, 210 (2005). In the United States, the Supreme Court has established that in order for a trial to be fair and impartial, a "jury's verdict ustbe based on evidence received in open court, not from outside sources". Definition The blank pad rule prohibits courts from considering evidence that has not been established at trial. The doctrine "supposes the minds of the jurors to be like empty tablets upon which the lawyers, under the supervision of the judge, inscribe everything they can legally use to decide the case". In criminal law, the doctrine has been interpreted as a right held by criminal defendants, where "an accused is entitled to a jury that goes into deliberations with their minds void of everything except evidence that h ...
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Oil Pastels And Ink Drawing Of Jurors Consisting Of Six African American Women, One White Woman And One White Man
An oil is any polarity (chemistry), nonpolar chemical substance that is composed primarily of Hydrocarbon, hydrocarbons and is hydrophobe, hydrophobic (does not mix with water) & lipophilicity, lipophilic (mixes with other oils). Oils are usually flammable and surfactant, surface active. Most oils are unsaturated lipids that are liquid at room temperature. The general definition of oil includes classes of chemical compounds that may be otherwise unrelated in structure, properties, and uses. Oils may be animal fats, animal, vegetable oil, vegetable, or petrochemical in origin, and may be Volatility (chemistry), volatile or non-volatile. They are used for food (e.g., olive oil), fuel (e.g., heating oil), medical purposes (e.g., mineral oil), lubrication (e.g. motor oil), and the manufacture of many types of paints, plastics, and other materials. Specially prepared oils are used in some religious ceremonies and rituals as purifying agents. Etymology First attested in English 1 ...
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Latin (language)
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Tabula Rasa
''Tabula rasa'' (; "blank slate") is the theory that individuals are born without built-in mental content, and therefore all knowledge comes from experience or perception. Epistemological proponents of ''tabula rasa'' disagree with the doctrine of innatism, which holds that the mind is born already in possession of certain knowledge. Proponents of the ''tabula rasa'' theory also favour the "nurture" side of the nature versus nurture debate when it comes to aspects of one's personality, social and emotional behaviour, knowledge, and sapience. Etymology ''Tabula rasa'' is a Latin phrase often translated as ''clean slate'' in English and originates from the Roman ''tabula'', a wax-covered tablet used for notes, which was blanked ('' rasa'') by heating the wax and then smoothing it. This roughly equates to the English term "blank slate" (or, more literally, "erased slate") which refers to the emptiness of a slate prior to it being written on with chalk. Both may be renewed r ...
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Judicial Notice
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, even if one party wishes to plead evidence to the contrary. Judicial notice is frequently used for the simplest, most obvious common sense facts, such as which day of the week corresponded to a particular calendar date or the approximate time at sunset. However, it could even be used within one jurisdiction to notice a law of another jurisdiction—such as one which provides average baselines for motor vehicle stopping distances. Judicial notice in the United States Judicial notice in the Federal Rules of Evidence In the United States, Article ...
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Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that ''"in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him."'' The right only applies to criminal prosecutions, not civil cases or other proceedings. Generally, the right is to have a face-to-face confrontation with witnesses who are offering testimonial evidence against the accused in the form of cross-examination during a trial. The Fourteenth Amendment makes the right to confrontation applicable to the states and not just the federal government. In 2004, the Supreme Court of the United States formulated a new test in '' Crawford v. Washington'' to determine whether the Confrontation Clause applies in a criminal case. The Confrontation Clause has its roots in both English common law, protecting the right of cross-examination, and Roman law, which guaranteed persons accused of a crime the right to look their accusers in th ...
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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 ...
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Oliver Wendell Holmes, Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only 8 months younger when he retired on April 12, 2010. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his a ...
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Associate Justice Of The United States Supreme Court
An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is removed from office by impeachment. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however, the chief justice leads the discussion of the case among the justices. Furthermore, the chief justice—when in the majorit ...
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Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most-populous city, and Fairfax County is the most-populous political subdivision. The Commonwealth's population was over 8.65million, with 36% of them living in the Baltimore–Washington metropolitan area. The area's history begins with several indigenous groups, including the Powhatan. In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World. Virginia's state nickname, the Old Dominion, is a reference to this status. Slave labor and land acquired from displaced native tribes fueled the ...
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Constitutions Of Clarendon
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of papal authority in England. In the anarchic conditions of Henry II's predecessor, Stephen (reigned 1135–1154), the church had extended its jurisdiction by taking advantage of the weakness of royal authority. The Constitutions were claimed to restore the law as it was observed during the reign of Henry I (1100–1135). The Constitutions take their name from Clarendon Palace, Wiltshire, the royal hunting lodge at which they were promulgated. Purposes The Constitutions' primary goal was to deal with the controversial issue of "criminous clerks", or clergy who had been accused of committing a serious secular crime but were tried in ecclesiastical courts by "benefit of clergy". Unlike royal courts, these eccle ...
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Blank Slate
''Tabula rasa'' (; "blank slate") is the theory that individuals are born without built-in mental content, and therefore all knowledge comes from experience or perception. Epistemological proponents of ''tabula rasa'' disagree with the doctrine of innatism, which holds that the mind is born already in possession of certain knowledge. Proponents of the ''tabula rasa'' theory also favour the "nurture" side of the nature versus nurture debate when it comes to aspects of one's personality, social and emotional behaviour, knowledge, and sapience. Etymology ''Tabula rasa'' is a Latin phrase often translated as ''clean slate'' in English and originates from the Roman ''tabula'', a wax-covered tablet used for notes, which was blanked ('' rasa'') by heating the wax and then smoothing it. This roughly equates to the English term "blank slate" (or, more literally, "erased slate") which refers to the emptiness of a slate prior to it being written on with chalk. Both may be renewed repe ...
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Tabula Rasa
''Tabula rasa'' (; "blank slate") is the theory that individuals are born without built-in mental content, and therefore all knowledge comes from experience or perception. Epistemological proponents of ''tabula rasa'' disagree with the doctrine of innatism, which holds that the mind is born already in possession of certain knowledge. Proponents of the ''tabula rasa'' theory also favour the "nurture" side of the nature versus nurture debate when it comes to aspects of one's personality, social and emotional behaviour, knowledge, and sapience. Etymology ''Tabula rasa'' is a Latin phrase often translated as ''clean slate'' in English and originates from the Roman ''tabula'', a wax-covered tablet used for notes, which was blanked ('' rasa'') by heating the wax and then smoothing it. This roughly equates to the English term "blank slate" (or, more literally, "erased slate") which refers to the emptiness of a slate prior to it being written on with chalk. Both may be renewed r ...
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