Even though the Convention on the European Convention on Human Rights separates from other human rights treaties because it has its own judicial body‚ looking at their case law for guidance can still be useful. In the Belilos v. Switzerland case‚ the Court decided that a interpretative declaration was to be treated like a reservation. Further‚ because of article 64 § 1 of the Convenetion‚ that requires "precision and clarity" ‚ the reservation in question
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Terry v. Ohio: Martin McFadden was a police officer in Ohio who noticed that two individuals appeared to be acting suspiciously. While watching these people from his police car‚ Officer McFadden noticed that these two men appeared to be planning a criminal attack. The two men were walking back and forth in front of a store while conspiring with each other. When McFadden approached the two men and identified himself as a law enforcement officer‚ he walked them down the street and frisked them for
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charges. The Riley v. California case was argued April 29‚ 2014 and decided on June 25‚ 2014.The main issue in this case was how the police officer searched his phone without a warrant then arrested him and if this action violated the fourth amendment. The fourth amendment clearly states that “The right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures…”.
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have addressed the constitutional rights of individuals and groups. These decisions have limited as well as expanded the rights of the members of these groups. Cases such as Korematsu v. United States and Roe v. Wade are examples of the limitation and expansion of rights. The historical circumstances surrounding the case of Korematsu v. U.S. are as follows. In the 1940’s there was a strong anti-Japanese feeling throughout all of America. There was an act passed requiring all people of Japanese
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Hurst v. Florida 577 US _ (2016) 2. The petitioner‚ Timothy Hurst‚ was convicted of first degree murder and the jury recommended the death penalty to the judge in Florida‚ who then sentenced Hurst to death. Hurst appealed to the Florida Supreme Court and was granted resentencing. The Florida Supreme Court rejected Hurst’s argument and reaffirmed his sentence. The Supreme Court of the United States granted certiorari. 3. Hurst had bound‚ gagged‚ and then stabbed his coworker over 60 times during
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Russell v. the Queen (1882): This case fell according to the JCPC under powers in favor of the federal government. The reasoning for this case is not convincing. The reason for this is that it does not ban alcohol for the entire country‚ but instead merely restricts and regulates it. The legislation for this case could have fallen under: section 92 (9)‚ which deals with saloons‚ taverns‚ and shops; section 92 (13) which is about property and civil rights in the province; or section 92 (16) which
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time of making of the charter is so classed. It has no future assurance that the owner will continue to act to retain the class . The loss of the class may be due to unseaworthiness or some other breach of ship-owners obligations. Routh v. Macmillan In the case the merchant at New York chartered a ship ‘Hannah Eastee’ classed A1 ship at Lloyd’s for carrying a load of wheat to England. But due to bad management she runs off from A1 power. The cargo arrived safe but the merchants sued for the extra
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Cepparulo‚ Officers working the street and applying the principles of Graham v. Connor every day may or may not know they are doing it. A generation of officers has been trained in the case’s practical meaning and has spent decades applying it to every use-of-force decision. So it has become part of law enforcement DNA‚ often unnoticed as it works in the background to determine our actions. But now the events in Ferguson give us a rare opportunity to put the application of the Graham standards in
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Facts: In October on 1963‚ a Cleveland police office saw two men‚ John Terry and Richard Chilton standing on a street corner and appearing suspicious. One of them would walk past a certain store window‚ look around inside‚ and walk back to the other and talk for a short period of time. This was repeated about a dozen times‚ and the detective believed they were casing the store for a robbery. The officer approached the two‚ identified himself as a policeman‚ and asked their names. They then appeared
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I. Case Name: Harte-Hanks Communications Inc. v. Connaughton (1989). This civil law case refined the actual malice standard. II. Summary of Facts: In November 1983‚ Connaughton ran for the position of Municipal Judge of Hamilton‚ Ohio‚ and lost to James Dolan. Dolan resigned from the position a month later and was arrested for perjury charges. While an investigation took place‚ the Journal News ran an article quoting Alice Thompson‚ a witness‚ saying Connaughton had used his “dirty tricks” and offered
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