Fifth Amendment Indictment of Grand Jury The grand jury originated in England‚ under the rule of King John. The king selected the grand jury to be a body of his reign that would accuse no innocent person‚ and would shelter no guilty person. The Fifth Amendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today‚ grand juries are virtually inexistent
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Constitutional Law II Professor Peter J. Smith Fall 2011 Outline Introduction Background 1. Originalism v. Non-Originalism a. Originalism i. Characteristics 1. Historical inquiry. 2. Original meaning of Constitution; intent of Framers; application by first Congress is authoritative. ii. Scalia is a big proponent. 3. Liberals‚ e.g.‚ Stevens‚ occasionally employ originalist methods. iii. Criticisms
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CON LAW OUTLINE I. Role of the Judiciary A. Federal Judicial Review: Why a Constitution? Functions: Separation of Powers (SOP) Federalism (C defines relationship between national & state power) Individual Liberties Unique Aspects: Marbury v. Madison: US Sup Ct-1803 Facts: P appointed to be Justice of the Peace for life by Adams as his term ended. Jefferson takes office and D refuses to deliver the commission to P Case began in the US Sup Ct. Holding: Sup Ct lacked jurisdiction
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"Withhold no correction from the child‚ Lily. If thou beats him with the rod‚ he shall not die. Thou shalt beat him with the rod‚ and shalt deliver his soul from hell. Do as God says. Lachlan deserves a good punishment." "You’re in a good mood today‚ father.” She asks as she hands him his breakfast of beer with leftover sausage. Grandfather was always the man who’d have God‚ guns‚ gays‚ and gyno-politics on his mind. From time to time‚ though‚ he’ll pass some wisdom onto my mother
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Happy Rules to Life Life Happily ONE. Give people more than they expect and do it cheerfully. TWO. Marry a man/woman you love to talk to. As you get older‚ their conversational skills will be as important as any other. THREE. Don’t believe all you hear‚ spend all you have or sleep all you want. FOUR. When you say‚ ’I love you‚’ mean it. FIVE. When you say‚ ’I’m sorry‚’ look the person in the eye. SIX. Be engaged at least six months before you get
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Dictionary‚ Due Process is defined as a judicial requirement stating that enacted laws may not contain provisions that result in the unfair‚ arbitrary‚ or unreasonable treatment of an individual. In all its complexity due process just simply means the rights of any citizen to certain procedural actions prior to the denial of their civil liberties. Due Process will only permit an accused person time to go through the court proceeding‚ hoping to prove his or her innocence and/or guilt. Due Process will
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of Agrarian Reform-Cordillera Autonomous Region (DAR-CAR). The dismissal was the aftermath of 3 affidavit-complaints filed by private respondent and DAR-CAR cashier Jeannette Obar-Zamudio. The affidavit-complaints charged Lumiqued with malversation due to falsifying gas receipts for reimbursements‚ violation of COA’s rules and regulations on concealing unliquidated cash advance‚ and oppression and harassment for unjustly terminating Zamudio’s services as cashier. Committee hearings on the complaints
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their rights under the due process clause. The district court entered judgment for Auburn‚ the students then appealed and the courts of appeals agreed with the district court decision. ISSUE: Was Auburn Universities hearing have constitutionally inadequate procedures which violated appellants’ rights under the due process clause of the fourteenth amendment? Was the decision to suspend them was made without sufficient evidentiary support‚ in violation of their substantive due process rights under
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Law School‚ August 2010). The Federal Government‚ each state‚ and every municipality have their own criminal codes that define types of conduct that constitutes crime (Cornell University Law School‚ August 2010). Criminal procedure is shaped by both due process as well as crime control models. The most important purpose of criminal procedure is to maintain a proper balance between order and liberty. Order is the lawful limits put on the freedom of an individual to maintain the domestic tranquility
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to due process was violated. The students were suspended without hearing prior to their suspension. They were suspended for destroying school property but principals can only suspend up to 10 days or expel them. If suspended they must notify parents without 24 hours and give the reasons. Students may appeal to the board of education. iii. Primary Issue Can students be suspended without due process? No iv. Decision or conclusion of the court Goss established that due process
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