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Overt Act
In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Such an act, even if innocent ''per se'', can potentially be used as evidence against someone during a trial to show participation in a crime. For instance, the purchase of a ski mask, which can conceal identity, is generally a legal act but may be an overt act if it is purchased in the planning of a bank robbery. The term is more particularly employed in cases of treason, which must be demonstrated by some overt or open act in some jurisdictions. This rule was enacted in the law of England ''(see the Treason Act 1547)'', and was later adopted by the United States in Article III, Section 3 of the United States Constitution, which provides that "No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." In '' Cramer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral 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 of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or 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 offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. To be admissible in court and for maximum reliability and validity, written testimony is usually witnessed by one or more persons who swear or affirm its authenticity, also under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. Legitimate expert witnesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cramer V
Cramer may refer to: Businesses * Cramer brothers, 18th century publishers * Cramer Systems, a software company * Cramer & Co., a former musical-related business in London Other uses * Cramer (surname), including a list of people and fictional characters * Cramer, Minnesota, United States, an unincorporated community * Mount Cramer Mount Cramer, at is the second highest peak in the Sawtooth Range of Idaho. The summit of Mount Cramer is located on the border of Custer and Boise Counties. The peak is the highest point in Boise County. Mount Cramer is also located within t ..., Idaho, United States See also * * * Kramer (other) {{dab, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commentaries On The Constitution Of The United States
''Commentaries on the Constitution of the United States'' is a three-volume work written by Associate Justice of the Supreme Court of the United States Joseph Story and published in 1833. In these ''Commentaries'', Story defends the power of the national government and economic liberty. "My object will be," Story wrote, "sufficiently attained, if I shall have succeeded in bringing before the reader the true view of its powers, maintained by its founders and friends, and confirmed and illustrated by the actual practice of the government." Contents Dedication to John Marshall Story dedicates his ''Commentaries'' to his friend and fellow Justice, Chief Justice John Marshall: Preface In his preface Story writes: Story contrasts these commentaries to the writings of other commentators of the Constitution: "The reader must not expect to find in these pages any novel views and novel constructions of the Constitution. I have not the ambition to be the author of any new plan of int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Storey
Joseph William Storey (July 5, 1923 – August 12, 1975) was an internationally renowned architect based in Chatham, Ontario, Canada. He graduated from the University of Toronto School of Architecture in 1946. He designed hundreds of unique homes, stores, offices, and public buildings, and many of his designs from the 1950s and 1960s are still strikingly modern today. His working career spanned three decades, in which time he was also a popular member of Chatham city council. His dedication to his community made the profession of architecture synonymous with that of civic leadership and public service. Storey died suddenly on his way to work in 1975 at the age of 52. The Joseph Storey Architectural Conservancy celebrates his many contributions to his home town every summer with a walking tour of homes he designed. Building a career After graduation from university, Joe Storey worked for one year in Toronto in the office of John Land Architect. After winning $750 in a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Open Court
In open court is a legal term in the United States defined by the appearance by a party or their attorney in a public court session such as during a public trial. Normally, the public may be present at trials, hearings and similar routine matters. United States constitutional law Under Article III, Section 3 of the United States Constitution: In the United States, the constitution guarantees criminal defendants the right to a "''speedy and public trial''" under the Sixth and the Fourteenth Amendments. The Sixth Amendment also grants the defendant the right to appear on his or her own behalf requiring leave of the Court in complex criminal cases, and standby counsel may still be required by the judge. Distinguishing rules Many courts dealing with minors, such as the New York Surrogate's Court, Probate Court, Family court, juvenile court, or widow's and orphan's court do ''not'' normally hold sessions in open court. Appearance in open court is distinguished from an ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Confession (law)
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, ''e.g.'' as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest. History This specific form of testimony, involving oneself, is used as a form of proof in judicial matters, since at least the Inquisition. The value of confessions, however, are discussed, and law generally request cross-checking them with objective facts and others forms of evidence ( exhibits, testimonies from witnesses, etc.) in order to evaluate their truth value. Confessions were first developed in the Roman Catholic Church under the Sacrament of Pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthful ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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