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Rochin V. California
''Rochin v. California'', 342 U.S. 165 (1952), was a case decided by the Supreme Court of the United States that added behavior that "shocks the conscience" into tests of what violates due process clause of the Fourteenth Amendment to the United States Constitution, 14th Amendment. This balancing test is often criticized as having subsequently been used in a particularly subjective manner. Background On July 1, 1949, three Los Angeles County, California, Los Angeles County deputy sheriffs entered the Rochins' residence without a search warrant and forcibly entered Rochin's room on the second floor. Upon entering the room, the deputies noticed two capsules on the night stand. Rochin immediately swallowed the capsules after Deputy Jack Jones asked him, "Whose stuff is this?" Jones then grabbed and squeezed Rochin by the neck, as well as shoving his fingers in Rochin's mouth as he attempted to eject the capsules. The deputies, unable to obtain the capsules, handcuffed and took Rochi ...
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California Superior Court
Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions (superior court judges sitting as appellate judges) which hear appeals from decisions in cases previously heard by inferior courts. Organization The superior courts are the lowest level of state courts in California holding general jurisdiction on civil and criminal matters. Above them are the six California courts of appeal, each with appellate jurisdiction over the superior courts within their districts, and the Supreme Court of California. As of 2007, the superior courts of California consisted of over 1,500 judges, and make up the largest part of California’s judicial system, which is in t ...
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Morphine
Morphine is a strong opiate that is found naturally in opium, a dark brown resin in poppies (''Papaver somniferum''). It is mainly used as a analgesic, pain medication, and is also commonly used recreational drug, recreationally, or to make other illicit drug, illicit opioids. There are numerous methods used to administer morphine: oral; sublingual administration, sublingual; via inhalation; intramuscular, injection into a muscle; by Subcutaneous injection, injection under the skin; intravenously; Intrathecally, injection into the space around the spinal cord; transdermal; or via rectal administration, rectal suppository. It acts directly on the central nervous system (CNS) to induce analgesia and alter perception and emotional response to pain. Physical and psychological dependence and tolerance may develop with repeated administration. It can be taken for both acute pain and chronic pain and is frequently used for pain from myocardial infarction, kidney stones, and during Ch ...
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American Civil Liberties Union Litigation
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * ...
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United States Criminal Due Process Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases Of The Vinson Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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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 ...
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1952 In United States Case Law
Year 195 ( CXCV) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Scrapula and Clemens (or, less frequently, year 948 '' Ab urbe condita''). The denomination 195 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Emperor Septimius Severus has the Roman Senate deify the previous emperor Commodus, in an attempt to gain favor with the family of Marcus Aurelius. * King Vologases V and other eastern princes support the claims of Pescennius Niger. The Roman province of Mesopotamia rises in revolt with Parthian support. Severus marches to Mesopotamia to battle the Parthians. * The Roman province of Syria is divided and the role of Antioch is diminished. The Romans annexed the Syrian cities of Edessa and Nisibis. Severus re-establish his ...
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Competent Evidence
Competence may refer to: * Competence (geology), the resistance of a rock against deformation or plastic flow. *Competence (human resources), a standardized requirement for an individual to properly perform a specific job *Competence (law), the mental capacity of an individual to participate in legal proceedings ** Competency evaluation (law) *Jurisdiction, the authority of a legal body to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility ** Subsidiarity (European Union)#EU competences describes the nature and extent of legislative authority in the European Union *Natural competence (biology), the ability of a cell to take up DNA * Communicative competence, the ability to speak and understand language * Linguistic competence, the ability to speak and understand language See also * Competence-based management * Core competency * Four stages of competence *Incompetence (other) *Skill *Legis ...
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California Health And Safety Code
The California Health and Safety Code is the codification of general statutory law covering the subject areas of health and safety in the state of California. It is one of the 29 California Codes and was originally signed into law by the Governor of California on April 7, 1939. Notable laws The code contains various laws, including: Healthcare *In Division 2, licensing of healthcare providers and facilities *a pharmaceutical surplus program, first passed in 2005 and expanded in 2012 and 2016; although as of 2018, 38 states had laws for such programs, in over a dozen states these were nonoperational. As of 2018, California had an operational program and in 2016 a nonprofit surplus pharmacy opened *a ban on copay coupon discounts when an equivalent generic is available for cheaper, passed in 2017 and subject to various exceptions *Division 107, Chapter 2.5 contains a "charity care" law for fair hospital pricing *California End of Life Option Act in Division 1. Section 443 - 44 ...
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Balancing Test
A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. But critics say that such tests can be used to justify any conclusion, upon which the judge might arbitrarily decide. In the United States, many legal issues, which had previously been considered settled by the imposition of bright-line tests through Supreme Court precedents have been replaced by balancing tests in recent years. Referring to evidence When referring to evidence presented at a trial, the balancing test ''allows'' the court to exclude relevant evidence if its "probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." This means that if a particular piece of evid ...
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Los Angeles County, California
Los Angeles County, officially the County of Los Angeles, and sometimes abbreviated as L.A. County, is the List of the most populous counties in the United States, most populous county in the United States and in the U.S. state of California, with 9,861,224 residents estimated as of 2022. It is the most populous non–State (United States), state-level government entity in the United States. Its population is greater than that of 40 individual List of U.S. states and territories by population, U.S. states. At and with List of cities in Los Angeles County, California, 88 incorporated cities and List of unincorporated communities in Los Angeles County, California, many unincorporated areas, it is home to more than one-quarter of California residents and is one of the most ethnically diverse counties in the United States. Its county seat, Los Angeles, is also California's most populous city and the second-most populous city in the United States, with about 3.9 million residents. I ...
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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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