Fortunato Benavides
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Fortunato Benavides
Fortunato Pedro Benavides (born February 3, 1947) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in Austin, Texas. Education and career Born in Mission, Texas, Benavides received a Bachelor of Business Administration degree in 1968 from the University of Houston. He received a Juris Doctor in 1972 from the University of Houston Law Center. He was in private practice as an attorney in McAllen, Texas from 1972 to 1977, from 1980 to 1981 and from 1993 to 1994. He was a Judge of the Hidalgo County, Texas Court-at-Law Number Two, from 1977 to 1979. He was a Judge of the Hidalgo County, Texas Ninety Second District Court, from 1981 to 1984. He was a justice of the Thirteenth Court of Appeals of Texas, from 1984 to 1991. He was a Judge of the Texas Court of Criminal Appeals, from 1991 to 1992. He was a Visiting Judge of the Supreme Court of Texas in 1993. Federal judicial service Benavides was nominated by Pre ...
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Senior Status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at least 80 years. As long as senior judges carry at least a 25 percent caseload or meet other criteria for activity, they remain entitled to maintain a staffed office and chambers, including a secretary and their normal complement of law clerks, and they continue to receive annual cost-of-living increases. Senior judges vacate their seats on the bench, and the President of the United States, president may appoint new full-time judges to fill those seats. Some U.S. states have similar systems for senior judges. State court (United States), State courts with a similar system include Iowa (for judges on the Iowa Court of Appeals), Pennsylvania, and Virginia (for justices of the Virginia Supreme Court). Statuto ...
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Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again from 1983 to 1992, and as attorney general of Arkansas from 1977 to 1979. A member of the Democratic Party, Clinton became known as a New Democrat, as many of his policies reflected a centrist "Third Way" political philosophy. He is the husband of Hillary Clinton, who was a senator from New York from 2001 to 2009, secretary of state from 2009 to 2013 and the Democratic nominee for president in the 2016 presidential election. Clinton was born and raised in Arkansas and attended Georgetown University. He received a Rhodes Scholarship to study at University College, Oxford and later graduated from Yale Law School. He met Hillary Rodham at Yale; they married in 1975. After graduating from law school, Clinton returned to Arkansas ...
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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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Presumption
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the Legal burden of proof, burden of proof from one party to the opposing party in a court trial. There are two types of presumption: ''rebuttable presumption'' and ''conclusive presumption''. A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). In contrast, a conclusive (or irrebuttable) presumption cannot be refuted in any case (such as defense of infancy in some legal systems). Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed. An example of presumption without basic facts is presumption of innocence. An example of presumption ''with'' basic facts is Declared death in ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, 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 feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain 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 and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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Edith Jones
Edith Hollan Jones (born April 7, 1949) is a United States federal judge, United States circuit judge and the former chief judge of the United States Court of Appeals for the Fifth Circuit. Jones was nominated by President Ronald Reagan on February 27, 1985, to a new seat created by 98 Stat. 333. She was confirmed by the United States Senate on April 3, 1985, and received commission on April 4, 1985. Jones served as chief judge of the Fifth Circuit from 2006 to 2012. Education and career Born in Philadelphia, Pennsylvania, Jones graduated from Cornell University with a Bachelor of Arts in economics in 1971. She received her Juris Doctor from University of Texas School of Law in 1974, where she was a member of the ''Texas Law Review''. She was in private practice in Houston, Texas, from 1974 until 1985, working for the firm of Andrews Kurth, Andrews, Kurth, Campbell & Jones, where she became the firm's first female partner. She specialized in bankruptcy law. She also served as ge ...
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Rhesa Barksdale
Rhesa Hawkins Barksdale (born August 8, 1944) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Early life, education and legal training Born in Jackson, Mississippi, Barksdale received a Bachelor of Science degree from United States Military Academy at West Point in 1966. He was in the United States Army from 1966 to 1970, serving in the Vietnam War, and afterwards returned to studies. In 1972, he received a Juris Doctor from the University of Mississippi Law School, where he graduated first in his class and was a member of the Mississippi Mayes Inn of the Phi Delta Phi legal fraternity. He was a law clerk for Justice Byron White of the United States Supreme Court from 1972 to 1973. Career Barksdale entered the private practice of law, as an attorney for the firm of Butler, Snow, O'Mara, Stevens and Cannada in Jackson from 1973 to 1990. During this time, he was an instructor in constitutional law for the University of Miss ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ...
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NBC News
NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Television and Streaming, a division of NBCUniversal, which is, in turn, a subsidiary of Comcast. The news division's various operations report to the president of NBC News, Noah Oppenheim. The NBCUniversal News Group also comprises MSNBC, the network's 24-hour general news channel, business and consumer news channels CNBC and CNBC World, the Spanish language Noticias Telemundo and United Kingdom–based Sky News. NBC News aired the first regularly scheduled news program in American broadcast television history on February 21, 1940. The group's broadcasts are produced and aired from 30 Rockefeller Plaza, NBCUniversal's headquarters in New York City. The division presides over America's number-one-rated newscast, ''NBC Nightly News'', the world's first of its genre morning television program, ''Today'', and the longest-running television series in American ...
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Texas Democratic Party V
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both area (after Alaska) and population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the most populous city in Texas and the fourth-largest in the U.S., while San Antonio is the second most populous in the state and seventh-largest in the U.S. Dallas–Fort Worth and Greater Houston are, respectively, the fourth- and fifth-largest metropolitan statistical areas in the country. Other major cities include Austin, the second most populous state capital in ...
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