|
Melendez-Diaz V. Massachusetts
''Melendez-Diaz v. Massachusetts'', 557 U.S. 305 (2009), is a Supreme Court of the United States, United States Supreme Court case in which the Court held that it was a violation of the Sixth Amendment to the United States Constitution, Sixth Amendment right of confrontation for a prosecutor to submit a chemical drug test report without the testimony of the person who performed the test. While the court ruled that the then-common practice of submitting these reports without testimony was unconstitutional, it also held that so called "notice-and-demand" statutes are constitutional. A state would not violate the Constitution through a "notice-and-demand" statute by both putting the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and also giving the defendant sufficient time to raise an objection. Background In 2001, Boston police received information from an informant regarding suspicious activity at a Kmart ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mass
Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementary particles, theoretically with the same amount of matter, have nonetheless different masses. Mass in modern physics has multiple definitions which are conceptually distinct, but physically equivalent. Mass can be experimentally defined as a measure of the body's inertia, meaning the resistance to acceleration (change of velocity) when a net force is applied. The object's mass also determines the strength of its gravitational attraction to other bodies. The SI base unit of mass is the kilogram (kg). In physics, mass is not the same as weight, even though mass is often determined by measuring the object's weight using a spring scale, rather than balance scale comparing it directly with known masses. An object on the Moon would weigh le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesses w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compulsory Process Clause
The Compulsory Process Clause within the Sixth Amendment to the United States Constitution lets criminal case defendants attain witnesses in their favor by way of a court-ordered subpoena. The Clause is generally interpreted as letting defendants present their own case at trial, though several specific limitations have been placed by the Supreme Court of the United States since this rule began. Text History The Compulsory Process Clause was part of the Sixth Amendment, which was ratified in 1791. Between ratification and the Fourteenth Amendment, there were very limited instances in which a court dealt with compulsory process. One important example is the trial of Vice President Aaron Burr, where Burr tried to subpoena documents from the President in order to sustain his defense. Though the case was heard in Federal Circuit Court the presiding judge was Chief Justice John Marshall who ordered the papers be issued, invoking the Sixth Amendment. After the passage of the Fourt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia Law Review
The ''Virginia Law Review'' is a law review edited and published by students at University of Virginia School of Law. It was established on March 15, 1913, and permanently organized later that year. The stated objective of the ''Virginia Law Review'' is "to publish a professional periodical devoted to law-related issues that can be of use to judges, practitioners, teachers, legislators, students, and others interested in the law." In addition to articles, the journal regularly publishes scholarly essays and student notes. A companion online publication, ''Virginia Law Review Online'' (formerly ''In Brief''), has been in publication since 2007. The current editor-in-chief is Scott Chamberlain (2022–2023). The ''Virginia Law Review'' consistently ranks among the top ten most cited law journals. In addition, it is accessible on electronic databases such as Westlaw, LexisNexis, and HeinOnline HeinOnline (HOL) is a commercial internet database service launched in 2000 by William S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domestic Violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Davis V
Davis may refer to: Places Antarctica * Mount Davis (Antarctica) * Davis Island (Palmer Archipelago) * Davis Valley, Queen Elizabeth Land Canada * Davis, Saskatchewan, an unincorporated community * Davis Strait, between Nunavut and Greenland * Mount Davis (British Columbia) United States * Davis, California, the largest city with the name * Davis, Illinois, a village * Davis, Massachusetts, an abandoned mining village * Davis, Maryland, a ghost town * Davis, Missouri, an unincorporated community * Davis, North Carolina, an unincorporated community and census-designated place * Davis, Oklahoma, a city * Davis, South Dakota, a town * Davis, West Virginia, a town * Davis, Logan County, West Virginia, an unincorporated community * Davis Island (Connecticut) * Davis Island (Mississippi) * Davis Island (Pennsylvania) * Davis Peak (Washington) * Fort Davis, Oklahoma * Mount Davis (California) * Mount Davis (New Hampshire) * Mount Davis (Pennsylvania) Other * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Present Sense Impression
A present sense impression, in the law of evidence, is a statement made by a person (the declarant) that conveys his or her sense of the state of an event or the condition of something. The statement must be spontaneously made while the person was perceiving (i.e. contemporaneous with) the event or condition, or "immediately thereafter." The permissible time lapse between event and statement may range from seconds to minutes, but probably not hours. The subject matter and content of the statement are limited to descriptions or explanations of the event or condition, therefore opinions, inferences, or conclusions about the event or condition are not present sense impressions. An example of present sense impression is of a person saying, "it's cold" or "we're going really fast". Under the Federal Rules of Evidence RE 803(1) a statement of present sense impression is an exception to the prohibition on use of hearsay Hearsay evidence, in a legal forum, is testimony from an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Receiving Stolen Property
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a crime, depending on the value of the stolen goods, and the goods are returned to the original owner. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen. Nature of offence by country Canada The Criminal Code specifies three offences: :* Possession of property obtained by crime (s. 354) :* Trafficking in property obtained by crime (ss. 355.2)''Criminal Code'', ss. 35 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ''ex parte'' means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of ''habeas corpus'' and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martha Coakley
Martha Mary Coakley (born July 14, 1953) is an American lobbyist and lawyer who served as Attorney General of Massachusetts from 2007 to 2015. Prior to serving as Attorney General, she was District Attorney of Middlesex County from 1999 to 2007. Coakley was the Democratic nominee in the 2010 special election to fill the United States Senate seat long held by Ted Kennedy (and held in the interim by Paul G. Kirk). Coakley was defeated 52% to 47% by Republican Scott Brown in what was widely considered an upset. She won reelection as Attorney General in the 2010 general election. Coakley was the Democratic nominee for governor in 2014 but lost to Republican Charlie Baker. Coakley was a lobbyist for the e-cigarette company Juul until June of 2022. Early life Coakley was born in Pittsfield, Massachusetts, to Edward J. and Phyllis E. Coakley. Her father was a World War II veteran, Korean War veteran, and small business owner. Her mother was a homemaker. When Coakley was one year o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeffrey L
Jeffrey may refer to: * Jeffrey (name), including a list of people with the name * ''Jeffrey'' (1995 film), a 1995 film by Paul Rudnick, based on Rudnick's play of the same name * ''Jeffrey'' (2016 film), a 2016 Dominican Republic documentary film *Jeffrey's, Newfoundland and Labrador, Canada *Jeffrey City, Wyoming, United States *Jeffrey Street, Sydney, Australia * Jeffrey's sketch, a sketch on American TV show ''Saturday Night Live'' *'' Nurse Jeffrey'', a spin-off miniseries from the American medical drama series ''House, MD'' *Jeffreys Bay, Western Cape, South Africa People with the surname * Alexander Jeffrey (1806–1874), Scottish solicitor and historian * Charles Jeffrey (footballer) (died 1915), Scottish footballer * E. C. Jeffrey (1866–1952), Canadian-American botanist *Grant Jeffrey (1948–2012), Canadian writer *Hester C. Jeffrey (1842–1934), American activist, suffragist and community organizer *Richard Jeffrey (1926–2002), American philosopher, logician, and pro ... [...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] |
