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Exclusionary Rule
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law". The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures. The exclusionary rule is also designed to provide a remedy and disincentive for criminal prosecution from prosecutors and po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with the merits of that case." However, as a vague term, the definition of a technicality varies from person to person, and it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term. Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law. Other legal technicalities deal with aspects of substantive law, that is, aspects of the law that articulate specific criteria that a court uses to assess a party's compliance with or violation of, for exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iowa Supreme Court
The Iowa Supreme Court is the highest court in the U.S. state of Iowa. The Court is composed of a chief justice and six associate justices. The Court holds its regular sessions in Des Moines in the Iowa Judicial Branch Building located at 1111 East Court Avenue on the state Capitol grounds, south of the Iowa State Capitol. History In 1846, Iowa became the 29th state to join the United States. Following the constitution of the Federal government, the powers of the government in Iowa were divided into the legislative branch, the executive branch, and the judicial branch. The Iowa General Assembly divided the state into four judicial districts, and Supreme Court justices were to serve six year terms, while district judges were elected for five year terms. The Constitution of Iowa of 1857 increased the number of judicial districts to 11, and allowed the General Assembly to reorganize districts after 1860 and every four years thereafter. Functions The Supreme Court of Iowa is an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boyd V
Boyd may refer to: Places Canada * Boyd Conservation Area, a conservation area located northwest of Toronto, Ontario * Boyd Lake (other) United States * Boyd County (other) * Boyd, Indiana * Boyd, Iowa * Boyd, Kansas * Boyd, Kentucky * Boyd, Minnesota * Boyd, Missouri * Boyd Cave, Oregon * Boyd, Texas * Boyd, Wisconsin Elsewhere * Boyd Escarpment, in Antarctica * Boyd Island, Antarctica * Boyd River (other), several rivers in Australia * River Boyd, in the UK People * Boyd (given name), a list of people with the given name * Boyd (surname), the surname, and a list of people with the surname * Boyd baronets, two baronetcies * Boyd Family, an Australian family * Boyd Gang, a criminal gang * Clan Boyd, a Scottish clan Brands and enterprises *Boyd, an archaic Bordeaux wine producing estate since divided into: ** Château Boyd-Cantenac ** Château Cantenac-Brown * Boyd, an American manufacturer of environmental seals and energy mana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writs Of Assistance
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Warrant
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a ''writ of restitution'' or a ''writ of possession''. In the area of customs, writs of assistance date from Colonial times. They were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" the customs official in carrying out his duties. In general, customs writs of assistance served as general search warrants that did not expire, allowing customs officials to search anywhere for smuggled goods without having to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...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] |
Warden V
A warden is a custodian, defender, or guardian. Warden is often used in the sense of a watchman or guardian, as in a prison warden. It can also refer to a chief or head official, as in the Warden of the Mint. ''Warden'' is etymologically identical to ''guardian'', both terms deriving from the Old French ''garder'' which in turn is of Old High German">Germanic origin, ''wartēn'' meaning to watch or protect. It is also related to the native Anglo Saxon derived word ''ward'' Types of wardens include: * Prison warden, the chief administrative official of a prison * Warden (college), head of some university colleges and academic institutions in the United Kingdom and Australia * Warden of the Mint, historical highest-ranking officer of the Royal Mint of the United Kingdom * Warden, rank of seniority within a City of London livery company * Churchwarden, a lay officer in an Anglican or Episcopal church * Fire warden, a person designated to aid firefighters at a building or communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French , derived from ("to pledge"), which is derived from the Latin ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature of a redelivery of the pledge or the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Murray, 1st Earl Of Mansfield
William Murray, 1st Earl of Mansfield, (2 March 1705 – 20 March 1793), was a British judge, politician, lawyer, and peer best known for his reforms to English law. Born in Scone Palace, Perthshire, to a family of Scottish nobility, he was educated in Perth before moving to London at the age of 13 to study at Westminster School. Accepted into Christ Church, Oxford, in May 1723, Mansfield graduated four years later and returned to London, where he was called to the Bar by Lincoln's Inn in November 1730 and quickly gained a reputation as an excellent barrister. He became involved in British politics in 1742, beginning with his election to the House of Commons as a Member of Parliament for Boroughbridge and appointment as Solicitor General. In the absence of a strong Attorney General, Mansfield became the main spokesman for the government in the House of Commons, where he was noted for his "great powers of eloquence" and was described as "beyond comparison the best speaker ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
