Mullaney V. Wilbur
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Mullaney V. Wilbur
''Mullaney v. Wilbur'', 421 U.S. 684 (1975), is a criminal case in which a unanimous court struck down a state statute requiring a defendant to prove the defense of provocation to downgrade a murder conviction to manslaughter.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> Previous common law, such as in '' Commonwealth v. York'' (1845), allowed such burden on the defense. Maine's statute defined murder as unlawfully killing with malice, with malice defined as deliberate and unprovoked cruelty, and added that killings were presumed to be unprovoked unless the defense proved provocation by a preponderance of the evidence. Justice Powell delivered the opinion for the court that provocation was a crucial part of the charge in that it determined "the degree of culpability attaching to the criminal homicide". States were able to circumvent this decision by careful wording, as in '' Patterson v ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ...
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Commonwealth V
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and is itself a loose translation of the Latin res publica (republic). The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or "commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two U.S. territo ...
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1975 In United States Case Law
It was also declared the ''International Women's Year'' by the United Nations and the European Architectural Heritage Year by the Council of Europe. Events January * January 1 - Watergate scandal (United States): John N. Mitchell, H. R. Haldeman and John Ehrlichman are found guilty of the Watergate cover-up. * January 2 ** The Federal Rules of Evidence are approved by the United States Congress. ** Bangladesh revolutionary leader Siraj Sikder is killed by police while in custody. ** A bomb blast at Samastipur, Bihar, India, fatally wounds Lalit Narayan Mishra, Minister of Railways. * January 5 – Tasman Bridge disaster: The Tasman Bridge in Hobart, Tasmania, Australia, is struck by the bulk ore carrier , killing 12 people. * January 7 – OPEC agrees to raise crude oil prices by 10%. * January 10–February 9 – The flight of ''Soyuz 17'' with the crew of Georgy Grechko and Aleksei Gubarev aboard the ''Salyut 4'' space station. * January 15 – Alvor Agreement: Portugal an ...
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List Of United States Supreme Court Cases By The Burger Court
This is a partial chronological list of cases decided by the United States Supreme Court during the Burger Court, the tenure of Chief Justice Warren Earl Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ... from June 23, 1969 through September 26, 1986. References {{SCOTUScaselists Burger *List ...
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Lists Of United States Supreme Court Cases By Volume
The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of each individual volume. Each volume was edited by one of the Reporters of Decisions of the Supreme Court. As of the beginning of the October 2019 Term, there were 574 bound volumes of the ''U.S. Reports''. There were another 14 volumes worth of opinions available as "slip opinions", which are preliminary versions of the opinion published on the Supreme Court's website. Volumes edited by Dallas * 1 * 2 * 3 * 4 Volumes edited by Cranch * 5 * 6 * 7 * 8 * 9 * 10 * 11 * 12 * 13 Volumes edited by Wheaton * 14 * 15 * 16 * 17 * 18 * 19 * 20 * 21 * 22 * 23 * 24 * 25 Volumes edited by Peters * 26 * 27 * 28 * 29 * 30 * 31 * 32 * 33 * 34 * 35 * 36 * 37 * 38 * 39 * 40 * 41 Volumes edited by Howard ...
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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 ...
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Excuse
In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Exculpation is a related concept which reduces or extinguishes a person's culpability, such as a their liability to pay compensation to the victim of a tort in the civil law. The excuse provides a mitigating factor for a group of persons sharing a common characteristic. Justification, as in justifiable homicide, vindicates or shows the justice. Thus, society approves of the purpose or motives underpinning some actions or the consequences flowing from them (see Robinson), and distinguishes those where the behavior cannot be approved but some excuse may be found in the characteristics of the defendant, e.g. that the accused was a serving police officer or suffering from a mental illness. Thus, a ...
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Patterson V
Patterson may refer to: People * Patterson (surname) Places ;Canada *Pattersons Corners, Ontario *Patterson Township, Ontario *Patterson, Calgary a neighbourhood in Calgary, Alberta. ;United States of America * Patterson, Arkansas *Patterson, California *Patterson, California, former name of Trigo, Madera County, California *Patterson, California, former name of Cherokee, Nevada County, California * Patterson, Georgia * Patterson, Idaho * Patterson, Iowa *Patterson, Louisiana * Patterson, Missouri * Patterson, New Mexico *Patterson, New York * Patterson, Ohio *Lake Patterson, a lake in Minnesota *Patterson Springs, North Carolina * Patterson Heights, Pennsylvania * Patterson Tract, California Other uses * ''Bob Patterson'' (TV series), American sitcom * C.R. Patterson and Sons, American car manufacturer from 1915 until 1939. * ''Patterson'' (radio series), British radio series by Malcolm Bradbury * Patterson Companies, a medical supplies conglomerate based in Minnesota * Patter ...
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Justice Powell
Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduated from both Washington and Lee Law School and Harvard Law School and served in the United States Army Air Forces during World War II. He worked for Hunton & Williams, a large law firm in Richmond, Virginia, focusing on corporate law and representing clients such as the Tobacco Institute. His Powell Memorandum became the blueprint for the rise of the American conservative movement and the formation of a network of influential right-wing think tanks and lobbying organizations, such as The Heritage Foundation and the American Legislative Exchange Council. In 1971, President Richard Nixon appointed Powell to succeed Associate Justice Hugo Black. He retired from the Court during the administration of President Ronald Reagan, and was even ...
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Preponderance Of The Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ...
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LexisNexis
LexisNexis is a part of the RELX corporation that sells data analytics products and various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer information. During the 1970s, LexisNexis began to make legal and journalistic documents more accessible electronically. , the company had the world's largest electronic database for legal and public-records–related information. History LexisNexis is owned by RELX (formerly known as Reed Elsevier). According to Trudi Bellardo Hahn and Charles P. Bourne, LexisNexis (originally founded as LEXIS) is historically significant because it was the first of the early information services to envision a future in which large populations of end users would directly interact with computer databases, rather than going through professional intermediaries like librarians. Available through IEEE Xplore. Other early information services in the 1970s met with f ...
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