Stanford V. Texas
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Stanford V. Texas
''Stanford v. Texas'', 379 U.S. 476 (1965), is a major decision of the Supreme Court of the United States. It stated in clear terms that, pursuant to the Fourteenth Amendment, the Fourth Amendment rules regarding search and seizure applied to state governments. While this principle had been outlined in other cases, such as ''Mapp v. Ohio'', this case added another level of constitutional consideration for the issuance of search warrants when articles of expression, protected by the First Amendment, are among the items to be taken. In effect, when a state issues a warrant that includes the order to seize books, it must accord the "most scrupulous exactitude" to the language of the Fourth Amendment. Background The petitioner, John William Stanford, Jr., operated a mail-order book business, "All Points of View", out of his private residence in San Antonio, Texas. On December 27, 1963, Texas law enforcement officers—several Bexar County deputies and two assistant attorneys g ...
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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 ...
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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 ...
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Long Parliament
The Long Parliament was an English Parliament which lasted from 1640 until 1660. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an 11-year parliamentary absence. In September 1640, King Charles I issued writs summoning a parliament to convene on 3 November 1640.This article uses the Julian calendar with the start of year adjusted to 1 January – for a more detailed explanation, see old style and new style dates: differences between the start of the year. He intended it to pass financial bills, a step made necessary by the costs of the Bishops' Wars in Scotland. The Long Parliament received its name from the fact that, by Act of Parliament, it stipulated it could be dissolved only with agreement of the members; and those members did not agree to its dissolution until 16 March 1660, after the English Civil War and near the close of the Interregnum.. The parliament sat from 1640 until 1648, when it was p ...
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Star Chamber
The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters. It was originally established to ensure the fair enforcement of laws against socially and politically prominent people sufficiently powerful that ordinary courts might hesitate to convict them of their crimes. However, it became synonymous with social and political oppression through the arbitrary use and abuse of the power it wielded. In modern times, legal or administrative bodies with strict, arbitrary rulings, no "due process" rights to those accused, and secretive proceedings are sometimes metaphorically called "star chambers". Origin of the name The first reference to the "star chamber" is in 1398, as the ''Sterred chambre''; the more common form ...
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Tudors
The House of Tudor was a royal house of largely Welsh and English origin that held the English throne from 1485 to 1603. They descended from the Tudors of Penmynydd and Catherine of France. Tudor monarchs ruled the Kingdom of England and its realms, including their ancestral Wales and the Lordship of Ireland (later the Kingdom of Ireland) for 118 years with six monarchs: Henry VII, Henry VIII, Edward VI, Jane Grey, Mary I and Elizabeth I. The Tudors succeeded the House of Plantagenet as rulers of the Kingdom of England, and were succeeded by the House of Stuart. The first Tudor monarch, Henry VII of England, descended through his mother from a legitimised branch of the English royal House of Lancaster, a cadet house of the Plantagenets. The Tudor family rose to power and started the Tudor period in the wake of the Wars of the Roses (1455–1487), which left the main House of Lancaster (with which the Tudors were aligned) extinct in the male line. Henry VII succeeded in p ...
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Writs Of Assistance
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every cou ...
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James Otis, Jr
James Otis Jr. (February 5, 1725 – May 23, 1783) was an American lawyer, political activist, colonial legislator, and early supporter of patriotic causes in Massachusetts at the beginning of the Revolutionary Era. Otis was a fervent opponent of the writs of assistance imposed by Great Britain on the American colonies in the early 1760s that allowed law enforcement officials to search property without cause. He later expanded his criticism of British authority to include tax measures that were being enacted by Parliament. As a result, Otis is often incorrectly credited with coining the slogan "taxation without representation is tyranny". Otis was a mentor to Samuel Adams, and his oratorical style inspired a young John Adams. Due to his early influence in events leading up to the Revolution, Otis was recognized by some as a Founding Father. However, Otis was plagued by mental illness and alcoholism, and by the early 1770s, his erratic behavior had rendered him inconsequential an ...
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American Revolution
The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolutionary War (1775–1783), gaining independence from the British Crown and establishing the United States of America as the first nation-state founded on Enlightenment principles of liberal democracy. American colonists objected to being taxed by the Parliament of Great Britain, a body in which they had no direct representation. Before the 1760s, Britain's American colonies had enjoyed a high level of autonomy in their internal affairs, which were locally governed by colonial legislatures. During the 1760s, however, the British Parliament passed a number of acts that were intended to bring the American colonies under more direct rule from the British metropole and increasingly intertwine the economies of the colonies with those of Brit ...
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General Warrant
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a ''writ of restitution'' or a ''writ of possession''. In the area of customs, writs of assistance were a product of enactments of the British Parliament beginning with the Customs Act of 1660 (12 Charles II c.11, sec. 1) though the first mention of the phrase was in the follow-up Customs Act of 1662 (14 Charles II, c.11, sec.4). The writs of assistance were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" th ...
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Unanimous
Unanimity is agreement by all people in a given situation. Groups may consider unanimous decisions as a sign of social, political or procedural agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or implicitly by a lack of objections. It does not necessarily mean uniformity and can sometimes be the opposite of majority in terms of outcomes. Voting Practice varies as to whether a vote can be considered unanimous if some voter abstains. In ''Robert's Rules of Order'', a "unanimous vote" is not specifically defined, although an abstention is not counted as a vote regardless of the voting threshold. Also in this book, action could be taken by "unanimous consent", or "general consent", if there are no objections raised. However, unanimous consent may not necessarily be the same as a unanimous vote (see Not the same as unanimous vote). In either case, it does not take into account the members who were not present. In contrast, a United Nati ...
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Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female Uni ...
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Black Panthers
The Black Panther Party (BPP), originally the Black Panther Party for Self-Defense, was a Marxism-Leninism, Marxist-Leninist and Black Power movement, black power political organization founded by college students Bobby Seale and Huey P. Newton in October 1966 in Oakland, California. The party was active in the United States between 1966 and 1982, with chapters in many major American cities, including San Francisco, New York City, New York, Chicago, Los Angeles, Seattle, and Philadelphia. They were also active in many prisons and had international chapters in the United Kingdom and Algeria. Upon its inception, the party's core practice was its Open carry in the United States, open carry patrols ("copwatching") designed to challenge the police brutality in the United States, excessive force and misconduct of the Oakland Police Department. From 1969 onward, the party created social programs, including the Free Breakfast for Children Programs, education programs, and community he ...
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