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James D. Whittemore
James David Whittemore (born August 29, 1952) is a Senior United States District Judge presently serving in the Tampa division of the United States District Court for the Middle District of Florida. He was previously a Florida state trial court judge, a federal public defender, and an attorney in private practice who won a criminal case before the United States Supreme Court. As a federal judge, Whittemore presided over a number of high-profile cases, including a lawsuit against Major League Baseball to challenge its draft procedure, and the Terri Schiavo case, after the United States Congress had specifically given the Middle District of Florida jurisdiction to hear the seven-year-long fight over whether the brain-damaged Schiavo should be taken off life support. Background and early legal career Whittemore was born in Walterboro, South Carolina. He graduated with honors from the University of Florida in 1974 with a Bachelor of Science in Business Administration degr ...
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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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Major League Baseball
Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (AL), with 29 in the United States and 1 in Canada. The NL and AL were formed in 1876 and 1901, respectively. Beginning in 1903, the two leagues signed the National Agreement and cooperated but remained legally separate entities until 2000, when they merged into a single organization led by the Commissioner of Baseball. MLB is headquartered in Midtown Manhattan. It is also included as one of the major professional sports leagues in the United States and Canada. Baseball's first all-professional team, the Cincinnati Red Stockings, was founded in 1869. Before that, some teams had secretly paid certain players. The first few decades of professional baseball were characterized by rivalries between leagues and by players who often jumped from one te ...
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United States Democratic Party
The Democratic Party is one of the Two-party system, two Major party, major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled a wide cadre of politicians in every state behind war hero Andrew Jackson, making it the world's oldest active political party.M. Philip Lucas, "Martin Van Buren as Party Leader and at Andrew Jackson's Right Hand." in ''A Companion to the Antebellum Presidents 1837–1861'' (2014): 107–129."The Democratic Party, founded in 1828, is the world's oldest political party" states Its main political rival has been the Republican Party (United States), Republican Party since the 1850s. The party is a big tent, and though it is often described as Modern liberalism in the United States, liberal, it is less ideologically uniform than the Republican Party (with major individuals within it frequently holding widely different Politics of the United States, political views) due to the ...
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Bar Association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, versus solicitors (see ''bar council''). Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction. Etymology The use of the term ''bar'' to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century ...
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Hillsborough County, Florida
Hillsborough County is located in the west central portion of the U.S. state of Florida. In the 2020 census, the population was 1,459,762, making it the fourth-most populous county in Florida and the most populous county outside the Miami metropolitan area. A 2021 estimate has the population of Hillsborough County at 1,512,070 people with a yearly growth rate of 1.34%, which itself is greater than the populations of 12 states according to their 2019 population estimates. Its county seat and largest city is Tampa, Florida, Tampa. Hillsborough County is part of the Tampa–St. Petersburg, Florida, St. Petersburg–Clearwater, Florida, Clearwater Tampa Bay Area, Metropolitan Statistical Area. History Hillsborough County was created on January 25, 1834, from Alachua County, Florida, Alachua and Monroe County, Florida, Monroe Counties, during the Florida Territory, U.S. territorial period (1822–1845). The new county was named for Wills Hill, 1st Marquess of Downshire, Wills Hill ...
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Sexual Battery
Battery is a criminal Offence (law), offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined at American common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statute, statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the o ...
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Insanity Defense
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, , It is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be ...
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Miranda Warning
In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to as ''Miranda'' rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of ''Miranda''." The language used in a ''Miranda'' warning was derived from the 1966 U.S. Supreme Court case ''Miranda v. Arizona''. The specific language used in the warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any wa ...
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Wainwright V
Wainwright may refer to: * Wainwright (occupation), a tradesperson skilled in the making and repairing of carts or wagons * Wainwright (surname), including the list of people Places Canada * Wainwright, Alberta, a town in Alberta ** Wainwright (provincial electoral district), former Alberta electoral district ** CFB Wainwright, Canadian Forces Base ** Municipal District of Wainwright No. 61, a municipal district in Alberta United States * Wainwright, Alabama * Wainwright, Alaska * Fort Wainwright, United States Army base located near Fairbanks, Alaska * Wainwright, Missouri * Wainwright, Jackson County, Ohio * Wainwright, Tuscarawas County, Ohio * Wainwright, Oklahoma Other uses * Wainwright (hill), one of 214 fells (hills and mountains) described in A. Wainwright's ''Pictorial Guide to the Lakeland Fells'' * USC&GS Wainwright (1942) a survey ship in commission in the United States Coast and Geodetic Survey from 1942 to 1967 * USS ''Wainwright'', name of three United State ...
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Stetson University Law School
Stetson University College of Law (Stetson Law), founded in 1900 and part of Stetson University, is Florida's first law school. Originally located near the university's main campus in DeLand, Florida, the law school moved in 1954 to Gulfport, Florida. The law school occupies a historic 1920s resort hotel, the Rolyat Hotel, designed by Richard Kiehnel. The College of Law is accredited by the American Bar Association and has been a member of the Association of American Law Schools since 1931. The college also has a campus in Tampa, Florida that shares space with a working court, Florida Second District Court of Appeal, Florida's Second District Court of Appeal. Academics Stetson Law currently employs more than 40 full-time faculty members and has more than 900 students enrolled in its Juris Doctor (J.D.) program. The J.D. program offers six concentrations: Advocacy, Business Law, Elder Law, Environmental Law, International Law and Social Justice Advocacy. Stetson also offers advanc ...
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Life Support
Life support comprises the treatments and techniques performed in an emergency in order to support life after the failure of one or more vital organs. Healthcare providers and emergency medical technicians are generally certified to perform basic and advanced life support procedures; however, basic life support is sometimes provided at the scene of an emergency by family members or bystanders before emergency services arrive. In the case of cardiac injuries, cardiopulmonary resuscitation is initiated by bystanders or family members 25% of the time. Basic life support techniques, such as performing CPR on a victim of cardiac arrest, can double or even triple that patient's chance of survival. Other types of basic life support include relief from choking (which can be done by using the Heimlich maneuver), staunching of bleeding by direct compression and elevation above the heart (and if necessary, pressure on arterial pressure points and the use of a manufactured or improvised tourni ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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