The Declaration of Independence on July 4th 1776 was when the birth of the United States of America was established into a free country, and set free from Great Britain. Thomas Jefferson who is the most credited for the writing of the document, John Locke developed his own theory that all men are “certain unalienable Rights, the among these are Life, Liberty, and the pursuit of Happiness”. Locke, who was one of idea people who helped Jefferson the main writer, put everything together. The ideas from John Locke, and other pointers he put into the document set ways on how to run a government, and how that today’s government is run by “him”. All in all the Declaration of Independence is the foundation, and the birth of the United States.
Under the 4th amend., the absence of a warrant during a search & seizure (they had probable cause as well) evidence should of been inadmissible. DISPOSITION: - Court ruled 7-1 in favor of Katz. J.Black filed a dissenting opinion. J. Marshall didn't participate in the vote. J.Stewart wrote "one who shuts the door behind him, pays tikes, he is surely entitled to assume that the words he says into the mouthpiece will not be broadcasted to the world."
Q: The Texas high court held that the expert testimony relied upon the plaintiffs to establish their case was not reliable. Why did the court not order a new trial? After the cases have been presented, but before the case goes to the jury, a party may request that the court enter a judgment and it’s favor because there is not legally sufficient evidence on which a jury cannot find for the other party. The defense is more likely to prevail on such motion. That is, the judge holds that the plaintiff failed to provide sufficient grounds, even what is claim is true, to be able to win a verdict.
FACTS this lawsuit was brought to the courts for a second time as the plaintiff alleged that because of his religious beliefs he was denied permission to purchase certain religious publications and denied other privileges enjoyed by other prisoners. The first appeal on this case the defendant court affirmed judgment dismissing the complaint for failure to state a cause of action. The district court found that the plaintiff had not sustained his burden of showing that this was abuse. So the plaintiff appealed. ISSUE the district court stated that the books the plaintiff wanted was not necessary for the practice of Cooper’s faith.
Lincoln did this because believe state courts would not punish war protestors properly. Lincoln also suspended habeas corpus without the approval of congress and no one was even consulted to see if a violation of an important civil liberty was worth suspending. Lincoln Abuse of the Presidential Power and why he suspended the Writ Habeas Corpus As
Stanley was later tried and convicted under the Georgia law prohibiting the possession of obscene materials. QUESTION: Did the Georgia government infringe on the freedom of rights and expression towards Stanley that are protected by the First Amendment? DECISION: Stanley received 9 votes from the Judges and 0 against him due to the fact the state of Georgia violated the First Amendment. Reasoning: A State does not hold any rights toward the control of men’s minds. The Constitution provides the right to be let alone, meaning Government cannot interfere or control what a person does in his or her own home.
The plaintiff brought the court case to the Supreme Court to argue against the summary judgment filed by the defendants. A summary judgment is a decision made on statements and evidence presented for the record without a trial. It is used when it is not needed to resolve any factual disputes in a case. Summary judgment can be granted when – on the undisputed facts in the record – one part is entitled to judgment as a matter of law. (US Courts, n.d.) The defendants Patrick Gibbs and O’Malleys Tavern claim that there is no actual knowledge of visible intoxication from the bartender.
President Obama provided examples by letting the audience know that a decade of war is now ending. An economic recovery has begun. He also provided information on how Americans have been tested by crises that steeled our resolve and proved our resilience. President Obama is making appeals to the American citizens to come together to help each other he states in his speech no single person can train all the math and science teachers we’ll need to equip our children for the future. President Obama is letting the American citizens know that things are changing and we the people need to change also.
Chapter 12 Peremptory Challenge- A challenge that a party has to eliminate a potential juror, each side has a limited number of peremptory challenges, and it is not required to provide a reason for this challenge, and it may not be used to exclude one gender or race from the jury. Boston vs. Kentucky (1986)- held that prosecutors are barred from using peremptory challenges to remove black jurors because of their race. Challenges for cause- A challenge to a potential juror based on the jurors qualifications or lack of impartiality, (must have a reason) California vs., Green-held that Defendant is entitled to be confronted by the witness against him or her stated by the us Supreme Court. Benefits of being confronted by witness 1. Insures
He did not specifically say that the Texas Sodomy Law was wrong but that the petitioners had “constitutionally-protected liberty” which the Texas Sodomy Law violates. He then moves on to the Bowers case which was used as the standard in Lawrence’s conviction. He says that the Bowers case is more complex and more factors and failed to express the extent of liberty. Additionally, he adds that the “mere moral disapproval of homosexuality by a legislative majority does not constitute a rational basis supporting the constitutionality of resulting