|
Totality Of The Circumstances
In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rules. Under the totality of the circumstances test, courts focus "on all the circumstances of a particular case, rather than any one factor"., Totality of circumstances test (Accessed March 2, 2016). In the United States, totality tests are used as a method of analysis in several different areas of the law. For example, in United States criminal law, a determination about reasonable suspicion or probable cause is based on a consideration of the totality of the circumstances. Description Cathy E. Moore described the totality of the circumstances test as a "balancing approach" rather than a strict application of "analytical and evidentiary rules", and Michael Coenen wrote that a totality of the circumstances test is the "antithesis" of an "inflexible checklist". Likewise, Kit Kinports has described the totality of the circums ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bright-line Rule
A bright-line rule (or bright-line test) is a clearly defined rule or standard, composed of objective factors, which leaves little or no room for varying interpretation. The purpose of a bright-line rule is to produce predictable and consistent results in its application. The term "bright-line" in this sense generally occurs in a legal context. Bright-line rules are usually standards established by courts in legal precedent or by legislatures in statutory provisions. The US Supreme Court often contrasts bright-line rules with their opposite: balancing tests (or "fine line testing"), where a result depends on weighing several factors—which could lead to inconsistent application of law or reduce objectivity. Debate in the US In the United States, there is much scholarly legal debate between those favoring bright-line rules and those favoring balancing tests. While some legal scholars, such as former Supreme Court Justice Antonin Scalia, have expressed a strong preference fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Of The United States
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Parties to a crime The parties or participants in a crime include the principal and accessory. A principal is a person directly involved in a crime. There are two types of principals: * Principal in the first degree, the person that commits the crime. * Principal in the second degree ( accomplice), someone that aids, counsels, assists or encourages the first degree principal. Presence is required for a party to be considered 2nd degree, with constructive presence being sufficient. Both principals are punished equally and are equally liable for the crime the other commits. An accessory is a person who helps commit the crime without being present. Accessories are generally punished less severely than the principal. There are two types of accessory: * An accessory before the fact is a person who encourages or helps another commit a crime. Statues g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Suspicion
Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual. If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may " frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probable Cause
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or formulation for probable cause. One traditional definition, which comes from the U.S. Supreme Court's 1964 decision ''Beck v. Ohio'', is when "whether at he moment of arrestthe facts and circumstances within n officer'sknowledge and of which they had reasonably trustworthy information resufficient to warrant a prudent ersonin believing that suspecthad committed or was committing an offense." It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches (unlawful search and seizure Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illinois V
Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rockford, as well Springfield, its capital. Of the fifty U.S. states, Illinois has the fifth-largest gross domestic product (GDP), the sixth-largest population, and the 25th-largest land area. Illinois has a highly diverse economy, with the global city of Chicago in the northeast, major industrial and agricultural hubs in the north and center, and natural resources such as coal, timber, and petroleum in the south. Owing to its central location and favorable geography, the state is a major transportation hub: the Port of Chicago has access to the Atlantic Ocean through the Great Lakes and Saint Lawrence Seaway and to the Gulf of Mexico from the Mississippi River via the Illinois Waterway. Additionally, the Mississippi, Ohio, and Wabash rivers ... [...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 court cases, and over state court cases that involve a point of federal law. It also has 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, the ability to invalidate a statute for violating a provision of the 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 over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Associate Justice Of The Supreme Court Of The United States
An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is removed from office by impeachment. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief justice's vote counts no more than that of any other justice; however, the chief justice leads the discussion of the case among the justices. Furthermore, the chief justice—when in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of '' National League of Cities v. Usery'', which was overruled in '' Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Scho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions (e.g., England and Wales), magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas. Original meaning In ancient Rome, the word ''magistratus'' referred to one of the highest offices of state. Analogous offices in the local authorities, such as '' municipium'', were subordinate only to the legislature of which they generally were members, ''ex officio'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida V
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to the south by the Straits of Florida and Cuba; it is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. Spanning , Florida ranks 22nd in area among the 50 states, and with a population of over 21 million, it is the third-most populous. The state capital is Tallahassee, and the most populous city is Jacksonville. The Miami metropolitan area, with a population of almost 6.2 million, is the most populous urban area in Florida and the ninth-most populous in the United States; other urban conurbations with over one million people are Tampa Bay, Orlando, and Jacksonville. Various Native American groups have inhabited Florida for at least 14,000 years. In 1513, Spanish explorer Juan Ponce de León became the fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prado Navarette V
The Prado Museum ( ; ), officially known as Museo Nacional del Prado, is the main Spanish national art museum, located in central Madrid. It is widely considered to house one of the world's finest collections of European art, dating from the 12th century to the early 20th century, based on the former Spanish royal collection, and the single best collection of Spanish art. Founded as a museum of paintings and sculpture in 1819, it also contains important collections of other types of works. The Prado Museum is one of the most visited sites in the world, and is considered one of the greatest art museums in the world. The numerous works by Francisco Goya, the single most extensively represented artist, as well as by Hieronymus Bosch, El Greco, Peter Paul Rubens, Titian, and Diego Velázquez, are some of the highlights of the collection. Velázquez and his keen eye and sensibility were also responsible for bringing much of the museum's fine collection of Italian masters to Spai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aguilar–Spinelli Test
The ''Aguilar–Spinelli'' test was a judicial guideline set down by the U.S. Supreme Court for evaluating the validity of a search warrant or a warrantless arrest based on information provided by a confidential informant or an anonymous tip. The Supreme Court abandoned the ''Aguilar''–''Spinelli'' test in ''Illinois v. Gates'', 462 U.S. 213 (1983), in favor of a rule that evaluates the reliability of the information under the "totality of the circumstances." However, Alaska, Hawaii, Massachusetts, New York, Vermont, Oregon, and Washington have retained the ''Aguilar–Spinelli'' test, based on their own state constitutions. The two aspects of the test are that, when law enforcement seeks a search warrant and a magistrate signs a warrant: *The magistrate must be informed of the reasons to support the conclusion that such an informant is reliable and credible. *The magistrate must be informed of some of the underlying circumstances relied on by the person providing the informati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
