Street V. New York
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Street V. New York
''Street v. New York'', 394 U.S. 576 (1969), was a United States Supreme Court case in which the Court held that a New York state law making it a crime "publicly omutilate, deface, defile, or defy, trample upon, or cast contempt upon either by words or act ny flag of the United States was, in part, unconstitutional because it prohibited speech against the flag. The Court left for a later day the question of whether it is constitutional or unconstitutional to prohibit, without reference to the utterance of words, the burning of the flag (see '' Texas v. Johnson'' and '' United States v. Eichman''). Background The Constitution provides that all Americans have the right to free speech; specifically, the First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a ...
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Flag Of The United States
The national flag of the United States, United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the Glossary of vexillology#Flag elements, canton (referred to specifically as the "union") bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows, where rows of six stars (top and bottom) alternate with rows of five stars. The 50 stars on the flag represent the 50 U.S. states, and the 13 stripes represent the Thirteen Colonies, thirteen British colonies that declared independence from Kingdom of Great Britain, Great Britain, and became the first states in the U.S. Nicknames for the flag include the ''Stars and Stripes'', ''Old Glory'', and the ''Star-Spangled Banner''. History The current design of the U.S. flag is its 27th; the design of the flag has been modified officially 26 times since 1777. ...
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Bench Trial
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases. While a jury renders a verdict, a judge in a bench trial does the same by making a finding. United Kingdom England and Wales The majority of civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge (magistrates' court) or by a panel of at least two, but more usually three, magistrates. Section 47 Criminal Justice Act 2003 does allow a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Scotland Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either ...
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Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A member of the Democratic Party and a devoted New Dealer, Black endorsed Franklin D. Roosevelt in both the 1932 and 1936 presidential elections.Ball, Howard. ''Hugo L. Black: Cold Steel Warrior''. Oxford University Press. 2006. Before he became a Senator, Black espoused anti-Catholic views and was a member of the Ku Klux Klan in Alabama, from which he resigned in 1925. In 1937, upon being appointed to the Supreme Court, Black said: "Before becoming a Senator I dropped the Klan. I have had nothing to do with it since that time. I abandoned it. I completely discontinued any association with the organization." Black served as the Secretary of the Senate Democratic Conference and the Chair of the Senate Education Committee during his decade i ...
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Theory Of The Case
A theory is a rational type of abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings. In modern science, the term "theory" refers to scientific theories, a well-confirmed type of explanation of nature, made in a way consistent with the scientific method, and fulfilling the criteria required by modern science. Such theories are described in such a way that scientific tests should be able to provide empirical support for it, or empirical contradiction ("falsify") of it. Scientific theories are the most reliable, rigorous, and compre ...
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Trial Transcript
A transcript is a written record of spoken language. In court proceedings, a transcript is usually a record of all decisions of the judge, and the spoken arguments by the litigants' lawyers. A related term used in the United States is docket, not a full transcript. The transcript is expected to be an exact and unedited record of every spoken word, with each speaker indicated. Such a record was originally made by court stenographers who used a form of shorthand abbreviation to write as quickly as people spoke. Today, most court reporters use a specialized machine with a phonetic key system, typing a key or key combination for every sound a person utters. Many courts worldwide have now begun to use digital recording systems. The recordings are archived and are sent to court reporters or transcribers only when a transcript is requested. Many US transcripts are indexed by Deposition Source so that they may be searched by legal professionals via the Internet. Transcripts may be avail ...
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Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a " Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), ''Reynolds v. Sims'' (1964), ''Miranda v. Arizona'' (1966) and '' Loving v. Virginia'' (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He also served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of th ...
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Trial Record
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ...
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John Marshall Harlan II
John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him from his grandfather John Marshall Harlan, who served on the U.S. Supreme Court from 1877 to 1911. Harlan was a student at Upper Canada College and Appleby College and then at Princeton University. Awarded a Rhodes Scholarship, he studied law at Balliol College, Oxford. Upon his return to the U.S. in 1923 Harlan worked in the law firm of Root, Clark, Buckner & Howland while studying at New York Law School. Later he served as Assistant U.S. Attorney for the Southern District of New York and as Special Assistant Attorney General of New York. In 1954 Harlan was appointed to the United States Court of Appeals for the Second Circuit, and a year later president Dwight Eisenhower nominated Harlan to the United States Supreme Court following the ...
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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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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ...
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Flag Burning
Flag desecration is the desecration of a flag, violation of flag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such action is often intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of the country's own national flag and flags of other countries. Some countries have also banned the desecration of all types of flags from inside the country to other country flags. Background Actions that may be treated as desecration of a flag include burning it (flag burning), Urination, urinating, Defecation, defecating or Ejaculation, ejaculating on it, defacing it with slogans, stepping upon it, damaging it with stones; bullets; or any other Projectile, missile, cutting or ripping it, improperly flying i ...
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Bailey V
Bailey may refer to: People and fictional characters * Bailey (surname) * Bailey (given name) Castles and bridges * Bailey (castle), or ward, a courtyard of a castle or fortification, enclosed by a curtain wall * Bailey bridge, a portable prefabricated truss bridge Places * The Bailey, a historic area in the centre of Durham, England * Bailey, Colorado, US, an unincorporated community * Bailey, Minnesota, US, an unincorporated community * Bailey, Mississippi, US, an unincorporated community * Bailey, Missouri, US, an unincorporated community * Bailey, North Carolina, US, a town * Bailey, Oklahoma, US, a ghost town * Bailey, Texas, US, a city * Mount Bailey (other), two mountains in the US and one in Antarctica * Bailey Brook (West Branch French Creek tributary), Pennsylvania, US * Bailey Creek (other) * Bailey Park, Austin, Texas, US * Bailey Peninsula, Wilkes Land, Antarctica ** Bailey Rocks, on the north side of Bailey Peninsula * Bailey Peninsula, Washington, ...
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