Curley V. NAMBLA
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Curley V. NAMBLA
''Curley v. NAMBLA'' was a wrongful death lawsuit filed in the United States District Court for the District of Massachusetts in 2000, by Barbara and Robert Curley against the North American Man/Boy Love Association (NAMBLA), saying the organization had incited the men who kidnapped and murdered their young son. They sought $200 million in damages. The American Civil Liberties Union of Massachusetts (ACLU-M) represented NAMBLA because of the issue of censorship of unpopular speech about sexuality. It succeeded on getting the suit dismissed, based on the specific legal issue that NAMBLA is organized as an association, not a corporation.Deroy Murdock on ACLU & NAMBLA on National Review Online
The Curleys continued their suit aga ...
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Wrongful Death
Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, losses, and suffering they've suffered after losing a loved one. Types of wrongful death claims Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, product liability, and medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. Common law jurisdictions In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.22A Am. Jur. 2d Death § 1. Under common law, a dead person cannot brin ...
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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 It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, 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 United States, Supreme C ...
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Lawsuits
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a ...
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United States District Court For The District Of Massachusetts Cases
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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Convenience Store
A convenience store, convenience shop, corner store or corner shop is a small retail business that stocks a range of everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, ice creams, tobacco products, lottery tickets, over-the-counter drugs, toiletries, newspapers and magazines. In some jurisdictions, convenience stores are licensed to sell alcoholic drinks, although many jurisdictions limit such beverages to those with relatively low alcohol content, like beer and wine. The stores may also offer money order and wire transfer services, along with the use of a fax, fax machine or photocopier for a small per-copy cost. Some also sell tickets or recharge smart cards, e.g. OPUS cards in Montreal. They differ from general stores and village shops in that they are not in a rural area, rural location and are used as a convenient supplement to larger stores. A convenience store may be part of a Filling station, gas/petrol station, so customers can purchase g ...
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Etan Patz
Etan Kalil Patz (; October 9, 1972 – May 25, 1979) was an American boy who was six years old on May 25, 1979, when he disappeared on his way to his school bus stop in the SoHo neighborhood of Lower Manhattan. His disappearance helped launch the missing children movement, which included new legislation and new methods for tracking down missing children. Several years after he disappeared, Patz was one of the first children to be profiled on the "photo on a milk carton" campaigns of the early 1980s. In 1983, President Ronald Reagan designated May 25—the anniversary of Etan's disappearance—as National Missing Children's Day in the United States. Decades later, it was determined that Patz had been abducted and murdered the same day that he went missing. The case was reopened in 2010 by the Manhattan District Attorney's office. In 2012, the FBI excavated the basement of the alleged crime scene near the Patz residence but discovered no new evidence. Pedro Hernandez—a suspect w ...
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Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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Imminent Lawless Action
"Imminent lawless action" is one of several legal standards American courts use to determine whether certain speech is protected under the First Amendment of the United States Constitution. The standard was first established in 1969 in the United States Supreme Court case ''Brandenburg v. Ohio.'' History ''Brandenburg'' clarified what constituted a "clear and present danger", the standard established by ''Schenck v. United States'' (1919), and overruled '' Whitney v. California'' (1927), which had held that speech that merely advocated violence could be made illegal. Under the imminent lawless action test, speech is not protected by the First Amendment if the speaker intends to incite a violation of the law that is both imminent and likely. While the precise meaning of "imminent" may be ambiguous in some cases, the court provided later clarification in '' Hess v. Indiana'' (1973) in which the court found that Hess's words were protected under "his rights to free speech",''Hess ...
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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 U.S. federal court cases, and over state court cases that involve a point of federal law. It also has 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." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Brandenburg V
Brandenburg (; nds, Brannenborg; dsb, Bramborska ) is a state in the northeast of Germany bordering the states of Mecklenburg-Vorpommern, Lower Saxony, Saxony-Anhalt, and Saxony, as well as the country of Poland. With an area of 29,480 square kilometres (11,382 square miles) and a population of 2.5 million residents, it is the fifth-largest German state by area and the tenth-most populous. Potsdam is the state capital and largest city, and other major towns are Cottbus, Brandenburg an der Havel and Frankfurt (Oder). Brandenburg surrounds the national capital and city-state of Berlin, and together they form the Berlin/Brandenburg Metropolitan Region, the third-largest metropolitan area in Germany with a total population of about 6.2 million. There was an unsuccessful attempt to unify both states in 1996 and the states cooperate on many matters to this day. Brandenburg originated in the Northern March in the 900s AD, from areas conquered from the Wends. It later became th ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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