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Rule Of Lenity
The rule of lenity, also called the rule of strict construction, is a principle in criminal law that requires a court to interpret an ambiguous or unclear criminal statute in the way that is most favorable to the defendant. The rule has a long history in the English and American common law tradition and has been an important element of the relationship between the courts and the legislature, but its role in modern jurisprudence is less clear. Overview Today, determining legislative intent is a critical job that arises from the distinct and separate roles played by the judiciary and the legislature in administering justice. Judges are routinely required to apply the relevant laws and rules passed by the legislature to the decisions they make. There are reasons this can be difficult. For one, laws are intended to apply generally and it would be impossible for the legislature to foresee all the possible situations to which they might apply after their enactment. For the purpose ...
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Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ...
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United States V
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 * ''The United'' (film), an unreleased Arabic-language 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 * "United (Who We Are)", a song by XO-IQ, featured in the television se ...
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Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center. History The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside the region, appointed by President Zachary Taylor. The court system was rearranged when Minnesota became a state in 1858. Appeals from Minnesota District Courts went directly to the Minnesota Supreme Court until the Minnesota Court of Appeals, an intermediate appellate court, was created in 1983 to handle most of those cases. The court now considers about 900 appeals per year and accepts review in about one in eight cases. Before the Court of Appeals was created, the Minnesota Supreme Court handled about 1,800 cases a year. Certain appeals can go directly to the Supreme Court, such as those involving taxes, first degree ...
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Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Breyer was generally associated with the liberal wing of the Court. Since his retirement, he has been the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University and the University of Oxford, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the Supreme Court, including special assistant to the United States assistant attorney gener ...
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Elena Kagan
Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination, appointed in 2010 by President Barack Obama and is the fourth woman to serve on the Court. Kagan was born and raised in New York City. After graduating from Princeton University, Worcester College, Oxford, and Harvard Law School, she clerked for a federal Court of Appeals judge and for Supreme Court Justice Thurgood Marshall. She began her career as a professor at the University of Chicago Law School, leaving to serve as Associate White House Counsel, and later as a policy adviser under President of the United States, President Bill Clinton. After a nomination to the United States Court of Appeals for the District of Columbia Circuit, United States Court of Appeals for the D.C. Circuit, which expired without action, she became a professo ...
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Slate
Slate is a fine-grained, foliated, homogeneous, metamorphic rock derived from an original shale-type sedimentary rock composed of clay or volcanic ash through low-grade, regional metamorphism. It is the finest-grained foliated metamorphic rock. Foliation may not correspond to the original sedimentary layering, but instead is in planes perpendicular to the direction of metamorphic compression. The foliation in slate, called " slaty cleavage", is caused by strong compression in which fine-grained clay forms flakes to regrow in planes perpendicular to the compression. When expertly "cut" by striking parallel to the foliation with a specialized tool in the quarry, many slates display a property called fissility, forming smooth, flat sheets of stone which have long been used for roofing, floor tiles, and other purposes. Slate is frequently grey in color, especially when seen ''en masse'' covering roofs. However, slate occurs in a variety of colors even from a single locality; for ...
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Sua Sponte
In law, ''sua sponte'' (Latin: "of his, her, its, or their own accord") or ''suo motu/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a judge without a prior motion or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as ''sua sponte''.) While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in their official capacities. One situation in which a party might encourage a judge to move ''sua sponte'' occurs when that party is preserving a special appearance (usually to challenge jurisdiction) and therefore cannot make motions on ...
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Antonin Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Da ...
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Lockhart V
Lockhart may refer to: *Lockhart (surname) Places Australia *Lockhart, New South Wales *Lockhart Shire, New South Wales *Lockhart River, Queensland *Lockhart River, Western Australia United States * Lockhart, Alabama *Lockhart, Florida * Lockhart, Minnesota * Lockhart, South Carolina *Lockhart, Texas * Lockhart, West Virginia * Lockhart Township, Minnesota *Lockhart Stadium, Fort Lauderdale, Florida Other uses *Lockhart, a codename for the Xbox Series S Xbox is a video gaming brand that consists of four main home video game console lines, as well as applications (games), the streaming service Xbox Cloud Gaming, and online services such as the Xbox network and Xbox Game Pass. The brand is pr ... video game console See also * Lockharts, California, United States * Lockheart, a surname {{disambiguation, geo ...
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Legislative Supremacy
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. Changes to the constitution typically require a supermajority, often two thirds of votes instead of one half. In some countries, parliamentary sovereignty may be contrasted with separation of powers and constitutionalism, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. States that have sovereign legislatures include: the United Kingd ...
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Hudud
''Hudud'' is an Arabic word meaning "borders, boundaries, limits". The word is applied in classical Islamic literature to punishments (ranging from public lashing, public stoning to death, amputation of hands, crucifixion, depending on the crime), for a limited number of crimes (murder, adultery, slander, theft, etc.), for which punishments have been determined (or traditionally thought to have been determined) in the verses of Quran. In classical Islamic literature, punishments are mainly of three types; Qisas-diya, Hudud, and Ta'zeer. Hudud covers the punishments given to people who exceed the limits associated with the Quran and deemed to be set by Allah (Hududullah is a phrase repeated several times in the Quran without labeling any type of crime), and in this respect it differs from Ta'zeer (). These punishments were applied in pre-modern Islam, Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern st ...
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Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ...
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