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In Re Oliver
''In re Oliver'', 333 U.S. 257 (1948), was a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings. The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence." In this case, a witness in a Michigan grand jury hearing was convicted and sentenced to jail without either notice or attorney assistance. Prior history On September 11, 1946 William Oliver was summoned by subpoena to a grand jury in Oakland County, Michigan. Circuit Court Judge George B. Hartrick had been appointed as a one-man secret grand jury to investigate organized crime participation in local gambling and public corruption. A local pinball operator, Oliver was examined under oath as a witness and was not accused of any crime or represented by an attorney. At the conclusion of his t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1948 In United States Case Law
Events January * January 1 ** The General Agreement on Tariffs and Trade (GATT) is inaugurated. ** The Constitution of New Jersey (later subject to amendment) goes into effect. ** The railways of Britain are nationalized, to form British Railways. * January 4 – Burma gains its independence from the United Kingdom, becoming an independent republic, named the ''Union of Burma'', with Sao Shwe Thaik as its first President, and U Nu its first Prime Minister. * January 5 ** Warner Brothers shows the first color newsreel (''Tournament of Roses Parade'' and the '' Rose Bowl Game''). ** The first Kinsey Report, ''Sexual Behavior in the Human Male'', is published in the United States. * January 7 – Mantell UFO incident: Kentucky Air National Guard pilot Thomas Mantell crashes while in pursuit of an unidentified flying object. * January 12 – Mahatma Gandhi begins his fast-unto-death in Delhi, to stop communal violence during the Partition of India. * January 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June 30 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of United States Supreme Court Cases, Volume 333
This is a list of all the United States Supreme Court cases from volume 333 of the ''United States Reports'': * ''Le Maistre v. Leffers'', * ''Fong Haw Tan v. Phelan'', * ''Johnson v. United States'', * ''United States v. Brown'', * '' Bob-Lo Excursion Company v. Michigan'', * ''Johnson v. United States'', * ''Maggio v. Zeitz'', * ''Musser v. Utah'', * ''Chicago and Southern Air Lines, Inc. v. Waterman Steamship Corporation'', * ''Seaboard Air Line Railroad Company v. Daniel'', * '' Funk Brothers Seed Co. v. Kalo Inoculant Co.'', * ''Woods v. Cloyd W. Miller Co.'', * ''Fisher v. Hurst'', (per curiam) * ''King v. Order of United Commercial Travelers of America'', * ''Suttle v. Reich Brothers Construction Company'', * ''United States v. Baltimore and Ohio Railroad Company'', * ''Donaldson v. Read Magazine, Inc.'', * ''Cole v. Arkansas'', * '' Illinois ex rel. McCollum v. Board of Ed. of School Dist. No. 71, Champaign Cty.'', * ''In re Oliver'', * '' United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lettre De Cachet
''Lettres de cachet'' (; ) were letters signed by the king of France, countersigned by one of his ministers, and closed with the royal seal. They contained orders directly from the king, often to enforce arbitrary actions and judgments that could not be appealed. In the case of organized bodies, 'lettres de cachet’ were issued for the purpose of preventing assembly or accomplishing some other definite act. The provincial estates were convoked (called to assembly) in this manner, and it was by a ''lettre de cachet'' (in this case, a ''lettre de jussipri''), or by showing in person in a ''lit de justice'', that the king ordered a '' parlement'' to register a law despite that ''parlement''s refusal to pass it. The best-known ''lettres de cachet'', however, were penal, by which a subject was imprisoned without trial and without an opportunity of defense (after inquiry and due diligence by the ''lieutenant de police'') in a state prison or an ordinary jail, confinement in a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Star Chamber
The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters. It was originally established to ensure the fair enforcement of laws against socially and politically prominent people sufficiently powerful that ordinary courts might hesitate to convict them of their crimes. However, it became synonymous with social and political oppression through the arbitrary use and abuse of the power it wielded. In modern times, legal or administrative bodies with strict, arbitrary rulings, no "due process" rights to those accused, and secretive proceedings are sometimes metaphorically called "star chambers". Origin of the name The first reference to the "star chamber" is in 1398, as the ''Sterred chambre''; the more common form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is Michigan's court of last resort and consists of seven justices. The Court is located in the Michigan Hall of Justice at 925 Ottawa Street in Lansing, the state capital. Operations Each year, the Court receives approximately 2,000 new case filings. In most cases, the litigants seek review of Michigan Court of Appeals decisions, but the Supreme Court also hears cases of attorney misconduct (through a bifurcated disciplinary system comprising an investigation and prosecution agency – the Attorney Grievance Commission – and a separate adjudicative agency – the Attorney Discipline Board), judicial misconduct (through the Judicial Tenure Commission), as well as a small number of matters over which the Court has original jurisdiction. The Court issues a decision by order or opinion in all cases filed with it. Opinions and orders of the Court are reported in an official publication, ''Michigan Rep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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