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Mugler V. Kansas
''Mugler v. Kansas'', 123 U.S. 623 (1887), was an important United States Supreme Court case in which the 7–1 opinion of Associate Justice John Marshall Harlan and the lone partial dissent by Associate Justice Stephen Johnson Field laid the foundation for the Supreme Court's later acceptance and defense during the Lochner era of Justice Field's theory of economic substantive due process under the Due Process Clause of the Fourteenth Amendment. The companion case was ''Kansas v. Ziebold & Hagelin''. Background As part of the burgeoning temperance movement, the people of Kansas amended their state constitution on November 2, 1880: The Kansas Legislature subsequently enacted an accompanying statute on February 19, 1881 that provided that after May 1, 1881, any person who manufactured or aided in the manufacture of any liquor without an appropriate permit would be guilty of a misdemeanor. First-time violators were to be fined not less than $100 nor more than $500 or to be imp ...
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Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as the state court of last resort in the appeals process. Functions Judicial The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by the Court of Appeals and the ability to transfer cases to the U.S. Supreme Court. Administration The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of Kansas government. Supervi ...
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Nuisance
Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitzjames Stephen as, "an act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all Her Majesty's subjects". ''Private nuisance'' is the interference with the right of specific people. Nuisance is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case law. Nuisance signifies that the "right of quiet enjoyment" is being disrupted to such a degree that a tort is being committed. Definition Under the common law, persons in possession of real property (land ...
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Slaughter-House Cases
The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision consolidating several cases that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that are associated with federal U.S. citizenship, not those that pertain to state citizenship. Though the decision in the ''Slaughter-House Cases'' minimized the impact of the Privileges or Immunities Clause on state law, the Supreme Court would later incorporate the Bill of Rights to strike down state laws on the basis of other clauses. In 2010 the Court rejected argument in '' McDonald v. Chicago'' to overrule the established precedent of ''Slaughterhouse'' and decided instead to incorporate the Second Amendment via the Due Process Clause of the Fourteenth Amendment. Seeking to improve sanitary conditions, the Louisiana legislature and the city of New Orleans had established a corporation charged with regulating t ...
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Presumption Of Innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt. In many countries and under many legal systems, including common law and civil law systems (not to be confused with the other kind of civil law, which deals with non-criminal legal issues), the presumption of innocence is a legal right of the accused in a criminal trial. It is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. Hist ...
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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 ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Information (formal Criminal Charge)
An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted. Available via HeinOnline. Orfield cites Holdsworth as the source of this information. Available via HeinOnline. Although the information has been abolished in England and Wales and Northern Ireland, it is still used in Canada, the United States (at both the federal level and in some states) and various other common law jurisdictions. Canada Criminal charges In Canada, charges under the Criminal Code are either by summary process, or by indictment. Both types of charges begin with an information, except in the rare situation of a direct indictment by the Attorney General. The form of an information is prescribed by the Criminal Code. Informations are to be drafted using Form 2 for both indictabl ...
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Saline County, Kansas
Saline County (standard abbreviation: SA) is located in the U.S. state of Kansas. As of the 2020 census, the county population was 54,303. The largest city and county seat is Salina. History Early history For many millennia, the Great Plains of North America was inhabited by nomadic Native Americans. From the 16th century to 18th century, the Kingdom of France claimed ownership of large parts of North America. In 1762, after the French and Indian War, France secretly ceded New France to Spain, per the Treaty of Fontainebleau. In 1802, Spain returned most of the land to France, but keeping title to about 7,500 square miles. In 1803, most of the land for modern day Kansas was acquired by the United States from France as part of the 828,000 square mile Louisiana Purchase for 2.83 cents per re. In 1848, after the Mexican–American War, the Treaty of Guadalupe Hidalgo">Mexican–American_War.html" ;"title="re. In 1848, after the Mexican–American War">re. In 1848, after th ...
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Indictment
An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the ca ...
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Atchison County, Kansas
Atchison County (county code AT) is a county located in northeastern Kansas, in the Central United States. As of the 2020 census, the county population was 16,348. Its county seat and most populous city is Atchison. The county is named in honor of David Rice Atchison, a United States Senator from Missouri. History Early history For many millennia, the Great Plains of North America was inhabited by nomadic Native Americans. From the 16th century to 18th century, the Kingdom of France claimed ownership of large parts of North America. In 1762, after the French and Indian War, France secretly ceded New France to Spain, per the Treaty of Fontainebleau. 19th century In 1802, Spain returned most of the land to France, but keeping title to about 7,500 square miles. In 1803, most of the land for modern day Kansas was acquired by the United States from France as part of the 828,000 square mile Louisiana Purchase for 2.83 cents per acre. In 1854, the Kansas Territory wa ...
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Alcohol (drug)
Alcohol, sometimes referred to by the chemical name ''ethanol'', is a depressant, depressant drug that is the active ingredient in alcoholic drink, drinks such as beer, wine, and distilled spirits (hard liquor). It is one of the oldest and most commonly consumed recreational drugs, causing the characteristic effects of alcohol intoxication ("drunkenness"). Among other effects, alcohol produces happiness and euphoria, anxiolytic, decreased anxiety, increased sociability, sedation, impairment of cognitive, memory, motor control, motor, and sense, sensory function, and generalized depression of central nervous system (CNS) function. Ethanol is only one of several types of Alcohol (chemistry), alcohol, but it is the only type of alcohol that is found in alcoholic beverages or commonly used for recreational purposes; other alcohols such as methanol and isopropyl alcohol are significantly more toxicity, toxic. A mild, brief exposure to isopropanol, being only moderately more toxic tha ...
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Beer
Beer is one of the oldest and the most widely consumed type of alcoholic drink in the world, and the third most popular drink overall after water and tea. It is produced by the brewing and fermentation of starches, mainly derived from cereal grains—most commonly from malted barley, though wheat, maize (corn), rice, and oats are also used. During the brewing process, fermentation of the starch sugars in the wort produces ethanol and carbonation in the resulting beer.Barth, Roger. ''The Chemistry of Beer: The Science in the Suds'', Wiley 2013: . Most modern beer is brewed with hops, which add bitterness and other flavours and act as a natural preservative and stabilizing agent. Other flavouring agents such as gruit, herbs, or fruits may be included or used instead of hops. In commercial brewing, the natural carbonation effect is often removed during processing and replaced with forced carbonation. Some of humanity's earliest known writings refer to the production and d ...
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