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Kastigar V. United States
''Kastigar v. United States'', 406 U.S. 441 (1972), was a United States Supreme Court decision that ruled on the issue of whether the government's grant of immunity from prosecution can compel a witness to testify over an assertion of the Fifth Amendment privilege against self-incrimination. In a 5-2 decision (Justices Brennan and Rehnquist took no part in the consideration of the case), the Court held that the government can overcome a claim of Fifth Amendment privilege by granting a witness "use and derivative use" immunity in exchange for his testimony. Background Petitioners were subpoenaed to appear before a federal grand jury in the United States District Court for the Central District of California on February 4, 1971. The Government believed that petitioners were likely to assert their Fifth Amendment privilege. Prior to the scheduled appearances, the government applied to the District Court for an order directing petitioners to answer questions and produce evidence befo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment Of The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a colloqui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
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 C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immunity From Prosecution
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power":Dudley Knowles, Political Obligation: A Critical Introduction' (2009), p. 26. Criticism Legal immunities may be subject to criticism because they institute a separate standard of conduct for those who receive them. For example, as one author notes: Types Immunity of government leaders Many forms of immunity are granted to government leaders to rule over the world, continent, nation, province, urban area and rural area without fear of being sued or charged wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William J
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German ''Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name shoul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of ''National League of Cities v. Usery'', which was overruled in '' Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the Federal Circuit). Along with the Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle." History California was admitted to the union on September 9, 1850, and was divided into two federal trial court districts - Northern and Southern - by Act of Congress on September 28, 1850, 9 Stat. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ... [...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] |
Loyola Of Los Angeles Law Review
Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in Los Angeles, California. Loyola was established in 1920. Academics Degrees offered include the Juris Doctor (JD); Master of Science in Legal Studies (MLS); Master of Laws (LLM); Master of Laws in Taxation; Juris Doctor/Master of Business Administration (JD/MBA); and Doctor of Juridical Science (JSD). Loyola has been an American Bar Association (ABA) approved law school since 1935. It is a member of the Association of American Law Schools (AALS). U.S. News & World Report ranked Loyola Law School 72nd in its "America's Best Graduate Schools 2021" feature. Loyola Law School's campus is located just west of downtown Los Angeles. It consists of an open central plaza surrounded by several contemporary buildings designed by Frank Gehry. Its library has a collection of nearly 560,000 volumes. Bar passage rate Loyola's first-time takers of the 2020 California Bar Exam passed at a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mercer Law Review
Mercer University School of Law (historically Walter F. George School of Law) is the professional law school of Mercer University. Founded in 1873, it is one of the oldest law schools in the United States; the first law school accredited by the bar in Georgia, and the second oldest of Mercer's 12 colleges and schools. The School of Law has approximately 440 students and is located in Macon, Georgia on its own campus one mile (1.6 km) from Mercer's main campus. The law school building, one of Macon's most recognizable sites, is a three-story partial replica of Independence Hall in Philadelphia and is located on Coleman Hill overlooking downtown Macon. According to Mercer's official 2020 ABA-required disclosures, 72% of the Class of 2020 obtained full-time, long-term, JD-required employment nine months after graduation. Dean of the School Karen Sneddon began as Interim Dean on October 1, 2021. She was preceded by Cathy Cox. Cathy Cox became dean in 2017. She was previousl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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