Fruit Of The Poisonous Tree
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Fruit Of The Poisonous Tree
Fruit of the poisonous tree is a legal metaphor used to describe evidence that is obtained illegally. The logic of the terminology is that if the source (the "tree") of the evidence or evidence itself is tainted, then anything gained (the "fruit") from it is tainted as well. United States The doctrine underlying the name was first described in ''Silverthorne Lumber Co. v. United States'', 251 U.S. 385 (1920). The term's first use was by Justice Felix Frankfurter in '' Nardone v. United States'' (1939). Such evidence is not generally admissible in court. For example, suppose a police officer obtained a key to a train station locker in the process of conducting a search of a home that was unconstitutional on the grounds that it violated the Fourth Amendment). Any evidence of a crime came that came from that locker would most likely be excluded under the "fruit of the poisonous tree" legal doctrine. The testimony of a witness who is discovered through illegal means would not necess ...
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Metaphor
A metaphor is a figure of speech that, for rhetorical effect, directly refers to one thing by mentioning another. It may provide (or obscure) clarity or identify hidden similarities between two different ideas. Metaphors are often compared with other types of figurative language, such as antithesis, hyperbole, metonymy, and simile. One of the most commonly cited examples of a metaphor in English literature comes from the "All the world's a stage" monologue from '' As You Like It'': All the world's a stage, And all the men and women merely players; They have their exits and their entrances And one man in his time plays many parts, His Acts being seven ages. At first, the infant... :—William Shakespeare, '' As You Like It'', 2/7 This quotation expresses a metaphor because the world is not literally a stage, and most humans are not literally actors and actresses playing roles. By asserting that the world is a stage, Shakespeare uses points of comparison between the world an ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ...
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Republic Of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. Around 2.1 million of the country's population of 5.13 million people resides in the Greater Dublin Area. The sovereign state shares its only land border with Northern Ireland, which is part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east, and the Irish Sea to the east. It is a unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President () who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the (Prime Minister, literally 'Chief', a title not used in English), who is elected by the Dáil and appointed by ...
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Constitution Of India
The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in A ...
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Shock The Conscience
Shock may refer to: Common uses Collective noun *Shock, a historic commercial term for a group of 60, see English numerals#Special names * Stook, or shock of grain, stacked sheaves Healthcare * Shock (circulatory), circulatory medical emergency ** Cardiogenic shock, resulting from dysfunction of the heart ** Distributive shock, resulting from an abnormal distribution of blood flow *** Septic shock, a result of severe infection *** Toxic shock syndrome, a specific type of severe infection *** Anaphylactic shock ** Hemorrhagic shock, from a large volume of blood loss ** Neurogenic shock, due to a high spinal cord injury disrupting the sympathetic nervous system * Cold shock response of organisms to sudden cold, especially cold water * Electric shock ** Defibrillation, electric shock to restore heart rhythm ** Electroconvulsive therapy or shock treatment, psychiatric treatment * Hydrostatic shock, from ballistic impact * Insulin shock or diabetic hypoglycemia, from too much ...
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Sanjay Kishan Kaul
Sanjay Kishan Kaul is currently the Most senior judge of Supreme Court of India. He is former chief justice of Madras High Court and Punjab and Haryana High Court and former judge of Delhi High Court. He has also served as acting chief justice of Delhi High Court. Personal life Early life and education A native of Srinagar, Sanjay Kishan Kaul was born on 26 December 1958 to a Kashmiri Hindu Brahmin family. Kaul hails from the family of the Dattatreya Kauls of Srinagar. His great-great-grandfather, Raja Suraj Kishan Kaul, was the Revenue minister in the Regency council of the princely state of Jammu and Kashmir. His great-grandfather, Sir Daya Kishan Kaul, was a statesman and diplomat who served as the finance minister of Jammu & Kashmir state. His grandfather, Raja Upinder Kishen Kaul, had a distinguished career in public service. Kaul's brother, Neeraj Kishan Kaul, was also a judge of the Delhi High court, having been appointed in the summer of 2009. After schooling ...
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Alibi
An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crime took place. During a police investigation, all possible suspects are usually asked to provide details of their whereabouts during the relevant time period, which where possible would usually be confirmed by other persons or in other ways (such as by checking phone records, or credit card receipts, use of CCTV, etc.). During a criminal trial, an alibi is a defence raised by the accused as proof that they could not have committed the crime because they were in some other place at the time the alleged offence was committed. The ''Criminal Law Deskbook'' of Criminal Procedure states: "Alibi is different from all of the other defences; it is based upon the premise that the defendant is truly innocent." Duty to disclose In some legal jurisdi ...
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Ranjan Gogoi
Ranjan is a name. 'Ran' means Battle and 'jan' means public, in olden days this name was given to generous kings who fight battles for the rights of people. Ranjan may also refer to: *Ranjan (actor) (1918–1983) (real name Ramanarayana Venkataramana Sarma), Indian film actor, singer, journalist and writer *Ranjan Ghosh, Indian screenwriter *Ranjan Ghosh (academic), Indian academic and teacher *Ranjan Madugalle (born 1959), Sri Lankan cricket player * Ranjan Mathai (born 1952), Indian foreign minister *Ranjan Pramod, Indian filmmaker *Ranjan Ramanayake (1963), Sri Lankan actor, film director, and politician *Ranjan Wijeratne General Ranjan Wijeratne (4 April 1931 – 2 March 1991) was a Sri Lankan planter and politician. He served in the Premadasa cabinet as Minister of Foreign Affairs and then Minister of Plantation Industries, while holding the office of State ... (1931–1991) Sri Lankan politician * ''Ranjan'' (film), a 2017 Marathi feature film * 22543 Ranjan, an a ...
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Indian Evidence Act
The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. Importance The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians. The law is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation. The Act The Indian Evidence Act, identified as Act ...
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Official Secrets Act (India)
The Official Secrets Act of 1923 is India's anti-espionage act held over from the British colonial period. It states clearly that actions which involve helping an enemy state against India are strongly condemned. It also states that one cannot approach, inspect, or even pass over a prohibited government site or area like an electrical substation. According to this Act, helping the enemy state can be in the form of communicating a sketch, plan, model of an official secret, or of official codes or passwords, to the enemy. Prosecution and penalties Punishments under the Act range from three years to life imprisonment (if the intent is to declare war against India - section 5). A person prosecuted under this Act can be charged with the crime even if the action was unintentional and not intended to endanger the security of the state. The Act only empowers persons in positions of authority to handle official secrets, and others who handle it in prohibited areas or outside them are ...
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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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Chief Justice Of India
The chief justice of India (IAST: ) is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian Judiciary. The Constitution of India grants power to the president of India to appoint, in consultation with the outgoing chief justice, the next chief justice, who will serve until they reach the age of sixty-five or are removed by impeachment. As per convention, the name suggested by the incumbent chief justice is almost always the next senior most judge in the Supreme Court. However this convention has been broken twice. In 1973, Justice A. N. Ray was appointed superseding three senior judges. Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna. As head of the Supreme Court, the chief justice is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law. In accordance with Article 145 of the Constitution of India ...
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