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Hartman V. Moore
''Hartman v. Moore'', 547 U.S. 250 (2006), is a decision by the Supreme Court of the United States involving the pleading standard for retaliatory prosecution claims against government officials. After a successful lobbying attempt by the CEO of a manufacturing company against competing devices that the US Postal Service supported, the CEO found himself the target of an investigation by US postal inspectors and a criminal prosecution that was dismissed for lack of evidence. The CEO then filed suit against the inspectors and other government officials for seeking to prosecute him in retaliation for exercising his First Amendment rights to criticize postal policy. The Court ruled 5-2 that to prove that the prosecution was caused by a retaliatory motive, the plaintiff bringing such a claim must allege and prove that the criminal charges were brought without probable cause. Background Campaign against U.S.P.S. policies In the 1980s, William G. Moore, Jr. was the chief executi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a particula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assistant United States Attorney
An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal government of the United States in civil and appellate litigation and in federal criminal prosecutions. Assistant U.S. attorneys working in their office's criminal section are often called federal prosecutors. Federal prosecutors are rarely hired directly out of law school as it not considered an entry-level position. Federal prosecutors often have significant trial experience from state courts before entering the U.S. Attorneys Office. In 2008, there were approximately 5,800 assistant United States attorneys employed by the United States Government. they earned a starting base salary of $55,204, which may be significantly adjusted for their local cost of living and increases with years of experience up to a maximum of $176,200. Special Assi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Postal Inspection Service
The United States Postal Inspection Service (USPIS), or the Postal Inspectors, is the law enforcement arm of the United States Postal Service. It supports and protects the U.S. Postal Service, its employees, infrastructure, and customers by enforcing the laws that defend the nation's mail system from illegal or dangerous use. Its jurisdiction covers any "crimes that may adversely affect or fraudulently use the U.S. Mail, the postal system or postal employees." With roots going back to the late 18th century, the USPIS is the oldest continually operating federal law enforcement agency. There are roughly 200 federal crimes that can be committed which involve the mail. Thus, the U.S. Postal Inspection Service's activities are markedly broad and ever-changing. In 2021, Postal Inspectors made 5,141 arrests leading to more than 3,700 convictions, mostly involving mail theft, mail fraud and prohibited narcotic mailings. The growth in illegal narcotics has resulted in 19,000 arrests and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Relations
Public relations (PR) is the practice of managing and disseminating information from an individual or an organization (such as a business, government agency, or a nonprofit organization) to the public in order to influence their perception. Public relations and publicity differ in that PR is controlled internally, whereas publicity is not controlled and contributed by external parties. Public relations may include an organization or individual gaining exposure to their audiences using topics of public interest and news items that do not require direct payment. The exposure mostly is media-based. This differentiates it from advertising as a form of marketing communications. Public relations aims to create or obtain coverage for clients for free, also known as earned media, rather than paying for marketing or advertising also known as paid media. But in the early 21st century, advertising is also a part of broader PR activities. An example of good public relations would be ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appropriations Bill
An appropriation, also known as supply bill or spending bill, is a proposed law that authorizes the expenditure of government funds. It is a bill that sets money aside for specific spending. In some democracies, approval of the legislature is necessary for the government to spend money. In a Westminster parliamentary system, the defeat of an appropriation bill in a parliamentary vote generally necessitates either the resignation of a government or the calling of a general election. One of the more famous examples of the defeat of a supply bill was the 1975 Australian constitutional crisis, when the Senate, which was controlled by the opposition, refused to approve a package of appropriation and loan bills, prompting Governor-General Sir John Kerr to dismiss Prime Minister Gough Whitlam and appoint Malcolm Fraser as caretaker Prime Minister until the next election (where the Fraser government was elected). By country India An appropriation bill is a bill that authorizes the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rider (politics)
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Some scholars identify riders as a specific form of logrolling,Philip L. Dubois, ''Lawmaking by Initiative: Issues, Options and Comparisons'' (Algora, 1998), p. 126. or as implicit logrolling. Others distinguish riders from logrolling.Michael D. GilbertSingle Subject Rules and the Legislative Process 67 ''University of Pittsburgh Law Review'' 803. Adding riders to legislation is not permitted in legislatures bound by a single-subject rule. United States Federal legislation In the U.S. Congress, riders have been a traditional method for members of Congress to advance controversial measures without building coalitions specifically in support of them, allowing the measure to move through the legislative process: "By combining measures, the legislative leadership can force members to acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Buy American
The Buy American Act ("BAA", originally , now ) passed in 1933 by Congress and signed by President Hoover on his last full day in office (March 3, 1933), required the United States government to prefer U.S.-made products in its purchases. Other pieces of federal legislation extend similar requirements to third-party purchases that utilize federal funds, such as highway and transit programs. The Buy American Act is not to be confused with the very similarly named "Buy America Act" that came into effect 50 years later. The latter, a provision of the Surface Transportation Assistance Act of 1982, is 49 U.S.C., § 5323 (j), and applies only to mass-transit-related procurements valued over US$100,000 and funded at least in part by federal grants. In certain government procurements, the requirement purchase may be waived by the Contracting Officer or the Head of the Contracting Activity (HCA) if the domestic product is 25% or more expensive than an identical foreign-sourced product, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Congressional Committee
A congressional committee is a legislative sub-organization in the United States Congress that handles a specific duty (rather than the general duties of Congress). Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. As "little legislatures", the committees monitor ongoing governmental operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to their parent body. Woodrow Wilson once wrote, "it is not far from the truth to say that Congress in session is Congress on public exhibition, whilst Congress in its committee rooms is Congress at work."Woodrow Wilson,Congressional Government, 1885, quoted in the JCOC Final Report. It is not expected that a member of Congress be an expert on all matters and subject areas that come before Congress.English (2003), pp. 46–47 Congressional committees provide valuable informational services to Congress by investiga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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