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Confession Of Error
Confession of error is a legal practice whereby the Solicitor General of the United States in his or her role representing the federal government before the Supreme Court of the United States admits a lower court incorrectly decided a case and it is thereby sent back for reconsideration. By confessing error, the Solicitor General declares that the federal government's position, which prevailed in the lower court, was wrong. The Supreme Court typically then vacates the lower court's judgment and remands the case to allow the lower court to consider it in light of the confession of error. The practice was introduced in 1891 by William Howard Taft (who would later be U.S. president and then chief justice). At his urging, the Supreme Court overturned a murder conviction which had been obtained by inadmissible hearsay evidence in Texas. A more modern example is that of Solicitor General Drew S. Days III, who argued in a petition for certiorari In law, ''certiorari'' is a court pr ...
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Solicitor General Of The United States
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Office of the Solicitor General also files ''amicus curiae'' briefs in cases in which the federal government has a significant interest. The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided again ...
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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and t ...
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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 ...
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William Howard Taft
William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected president in 1908, the chosen successor of Theodore Roosevelt, but was defeated for reelection in 1912 by Woodrow Wilson after Roosevelt split the Republican vote by running as a third-party candidate. In 1921, President Warren G. Harding appointed Taft to be chief justice, a position he held until a month before his death. Taft was born in Cincinnati, Ohio, in 1857. His father, Alphonso Taft, was a U.S. attorney general and secretary of war. Taft attended Yale and joined the Skull and Bones, of which his father was a founding member. After becoming a lawyer, Taft was appointed a judge while still in his twenties. He continued a rapid rise, being named solicitor general and a judge of the Sixth Circuit Court of Appeals. In 1901, ...
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Hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies. For example, to prove that Tom was in town, a witness testifies, "Susan told me that Tom was in town." Because the witness's evidence relies on an out-of-court statement that Susan made, if Susan is unavailable for cross-examination, the answer is hearsay. A justification for the objection is that the person who made the statement is not in court and thus not available for cross-examination. Note, however, that if the matter at hand is not the truth of the assertion about Tom being in town but the fact that Susan said the specific words, it may be acceptable. For example, it would be acceptable to ask a witness what Susan told them about Tom in a defamatio ...
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Drew S
Drew may refer to: __NOTOC__ Places ;In the United States * Drew, Georgia, an unincorporated community * Drew, Mississippi, a city * Drew, Missouri, an unincorporated community * Drew, Oregon, an unincorporated community * Drew County, Arkansas * Drew Plantation, Maine ;Elsewhere * Drew, Ontario, Canada, a farming community Schools in the United States * Drew University, Madison, New Jersey * Drew High School (other) * Drew School, a high school in San Francisco, California Other uses * Drew (name), a given name and surname * 23452 Drew, an inner main-belt asteroid * , a World War II United States Navy attack transport * Drew Field, a World War II United States Army Air Forces base in Tampa, Florida * The Drew Las Vegas, casino under construction in Las Vegas * Drew Field Municipal Airport, former name for Tampa International Airport (1946-1950) * "Drew", a song from the 2013 album ''Tales of Us ''Tales of Us'' is the sixth studio album by English elec ...
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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 20 ...
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The Georgetown Law Journal
''The Georgetown Law Journal'' is a student-edited scholarly journal published at Georgetown University Law Center. It is the flagship law review of the Georgetown University Law Center. Overview The ''Georgetown Law Journal'' is headquartered at Georgetown University Law Center in Washington, D.C. and has published more than 500 issues since its inception, as well as the widely used ''Annual Review of Criminal Procedure'' (ARCP), a comprehensive practitioner's guide to criminal procedure. The ''Journal'' is the only top law journal to consistently publish on time. , it was the sixth-ranked law review . The ''Journal'' is currently, and always has been, run by law students. History Volume 1, Issue 1 was published in November 1912, under the supervision of Editor-in-Chief Eugene Quay. At the time, an annual subscription to the new Journal cost one dollar. The first article was titled β€œThe 125th Anniversary of the Drafting of the Constitution of the United States.” In a t ...
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Legal Error
Errors of various types may occur in legal proceedings and may or may not constitute grounds for appeal. Types of error * Harmless error is one considered not to have affected the trial's outcome and is thus not grounds for appeal. Harmless error is distinguished from "plain error" in that if error is "preserved" by the making of a timely objection, the burden of proof is on the respondent to show that the error was harmless, but if error was not preserved, the burden of proof is on the appellant to show that the error was plain. * Invited error is error brought about by a party's own conduct during a trial, and does not give grounds for appeal. * Reversible error is one that can lead to a judgment being overturned on appeal. See also * Actual innocence * Fundamental error * Miscarriage of justice * Mistake of law Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity ...
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