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Bright Line
A bright-line rule (or bright-line test) is a clearly defined rule or standard, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application. The term "bright-line" in this sense generally occurs in a legal context. Bright-line rules are usually standards established by courts in legal precedent or by legislatures in statutory provisions. The US Supreme Court often contrasts bright-line rules with their opposite: balancing tests (or "fine line testing"), where a result depends on weighing several factors—which could lead to inconsistent application of law or reduce objectivity. Debate in the US In the United States, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests. While some legal scholars, such as former Supreme Court Justice Antonin Scalia, have expressed a strong preference for ...
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Legal Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Evidentiary Hearing
Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the direct indictment procedure more fre ...
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Arizona V
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Four Corners region with Utah to the north, Colorado to the northeast, and New Mexico to the east; its other neighboring states are Nevada to the northwest, California to the west and the Mexican states of Sonora and Baja California to the south and southwest. Arizona is the 48th state and last of the contiguous states to be admitted to the Union, achieving statehood on February 14, 1912. Historically part of the territory of in New Spain, it became part of independent Mexico in 1821. After being defeated in the Mexican–American War, Mexico ceded much of this territory to the United States in 1848. The southernmost portion of the state was acquired in 1853 through the Gadsden Purchase. Southern Arizona is known for its desert climate, with v ...
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Evans V
Evans may refer to: People *Evans (surname) *List of people with surname Evans Places United States *Evans Island, an island of Alaska *Evans, Colorado *Evans, Georgia *Evans County, Georgia *Evans, New York *Evans Mills, New York *Evans City, Pennsylvania *Evans, West Virginia Elsewhere *Évans, in France *Cape Evans, in Antarctica Creeks *Evans Creek (Peters Creek), a tributary of Peters Creek in California * Evans Creek (Tuscarawas River), a stream in Ohio *Evans Creek (Devils River), a stream in Texas Businesses and organizations *Robert B. Evans, founder of Evans Industries *Evans (retailer), of the United Kingdom *Evans Cycles, a United Kingdom bicycle retailer *Bob Evans Restaurants, a chain operated by Bob Evans Farms, Inc. of the United States *H. C. Evans, a defunct manufacturer of casino, amusement park and fairground equipment in the United States *D'Addario (manufacturer), a drumhead manufacturer also known as "Evans" Transportation *Evans station (Muni Metro) ...
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Bowen V
Bowen may refer to: Places Australia * Bowen, Queensland, a town * Bowen Hills, Queensland, a suburb ** Bowen Hills railway station, a railway station in Bowen Hills ** Bowen Park, Brisbane, a park in Bowen Hills * Bowen Bridge, crossing the Derwent River in Tasmania United States * Bowen, Colorado (Las Animas County) * Bowen, Colorado (Rio Grande County) * Bowen, Illinois * Bowen, Missouri * Bowen, Nebraska * Bowen, West Virginia Other places * Bowen, Mendoza, a district in the General Alvear Department, Argentina * Bowen Island, British Columbia, Canada * Bowen Road, Hong Kong * Bowen's Court, County Cork, Ireland * Bowen University, Iwo, Nigeria * Bowen Secondary School, a secondary school in Hougang, Singapore Lakes * Bowen Lake, a lake in Alberta, Canada * Lake Bowen, a lake in South Carolina, U.S. Other * Bowen (crater), a lunar crater * Bowen (surname) * Bowen knot, an emblem * Bowen ratio, used to describe energy flux * Bowen technique, an alternative massage the ...
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Heckler V
A heckler is a person who harasses and tries to disconcert others with questions, challenges, or gibes. Hecklers are often known to shout encouraging comments at a performance or event, or to interrupt set-piece speeches, with the intent of disturbing performers and/or participants. Origin Although the word ''heckler'', which originated from the textile trade, was first attested in the mid-15th century, the sense "person who harasses" was from 1885. To ''heckle'' was to tease or comb out flax or hemp fibres. The additional meaning, to interrupt speakers with awkward or embarrassing questions, was added in Scotland, and specifically perhaps in early 19th century Dundee, a famously radical town where the hecklers who combed the flax had established a reputation as the most radical and belligerent element in the workforce. In the heckling factory, one heckler would read out the day's news while the others worked, to the accompaniment of interruptions and furious debate. Heckli ...
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Katko V
John Michael Katko (; born November 9, 1962) is an American attorney and politician who has served as the U.S. representative for New York's 24th congressional district The 24th congressional district of New York is located in Upstate New York, stretching alongside Lake Ontario from near Buffalo in the west to Watertown in the east, whilst not including Rochester which is instead in the 25th district. Sinc ..., based in Syracuse, New York, Syracuse, since 2015. A member of the Republican Party (United States), Republican Party, he previously was an Assistant United States Attorney who led the organized crime division at the U.S. Attorney's Office in Syracuse. In that role, he helped to prosecute gang members under the Racketeer Influenced and Corrupt Organizations Act. In the 116th United States Congress, 116th Congress, he was a co-chair of the House moderate Republican (modern United States), moderate Republican faction, the Tuesday Group. He is the sole chair of the re ...
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Aguilar V
Aguilar may refer to: People *Aguilar (surname) Places * Aguilar, Colorado, town in Las Animas County, Colorado, USA *Aguilar, Pangasinan, municipality in the province of Pangasinan, Philippines *Cape D'Aguilar, cape on Hong Kong Island *D'Aguilar National Park, national park in Queensland, Australia Spain *Aguilar de Bureba, municipality and town in the province of Burgos, Castile and León *Aguilar de Campoo, town in the province of Palencia, Castile and León *Aguilar de Campos, municipality located in the province of Valladolid, Castile and León *Aguilar de Codés, town and municipality in Navarre *Aguilar de la Frontera, municipality and town in the province of Córdoba, Andalusia *Aguilar de Segarra, municipality in the province of Barcelona, Catalonia *Aguilar del Alfambra, municipality in the province of Teruel, Aragon *Aguilar del Río Alhama, municipality in La Rioja Other * – condemned 1825 *Château d'Aguilar, a Cathar castle in the Aude département, France *Fél ...
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Securities And Exchange Commission V
A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any form of financial instrument, even though the underlying legal and regulatory regime may not have such a broad definition. In some jurisdictions the term specifically excludes financial instruments other than equities and Fixed income instruments. In some jurisdictions it includes some instruments that are close to equities and fixed income, e.g., equity warrants. Securities may be represented by a certificate or, more typically, they may be "non-certificated", that is in electronic ( dematerialized) or "book entry only" form. Certificates may be ''bearer'', meaning they entitle the holder to rights under the security merely by holding the security, or ''registered'', meaning they entitle the holder to rights only if they appear on a sec ...
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Probable Cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision '' Beck v. Ohio'', is when "whether at he moment of arrestthe facts and circumstances within n officer'sknowledge and of which they had reasonably trustworthy information resufficient to warrant a prudent ersonin believing that suspecthad committed or was committing an offense." It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches ( unlawful search and seizure), and to promote lawful evidence gathering and procedural form during criminal arrest and prosecution. The standard also applies to per ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ...
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