Court Brief Miranda v. Arizona Citation: Miranda v. State of Arizona; Westover v. United States; Vignera v. State of New York; State of California v. Stewart‚ Supreme Court of the United States‚ 1966. Issue: Whether the government is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants. Relief Sought: Miranda was violated the 5th Amendments right to remain silent and his 6th Amendment right
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Mapp v. Ohio‚ 1961 According to the Court’s decision‚ why may illegally seized evidence not be used in a trial? Justice Tom C. Clark wrote on the courts behalf saying that it was logically and constitutionally necessary that the exclusion doctrine be insisted upon‚ even in the states. This doctrine is essential to the right of privacy‚ therefore evidence that is found illegally without a warrant must not be used in a trial‚ for this would be unconstitutional. Why‚ according to Justice
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Mapp v. Ohio On May 23‚ 1957‚ police officers in a Cleveland‚ Ohio suburb received information that a suspect of a bombing case‚ as well as some illegal betting equipment‚ might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter‚ but Mapp refused to let them in without a search warrant. Two officers left‚ and one remained. Three hours later‚ the two returned with several other officers with a piece of paper and broke in the door. Mapp asked
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29. Introduction 30. The decision of the House of Lords in Salomon v Salomon & Co Ltd [1] evinces the accuracy of Gooley’s observation that the separate legal entity doctrine was a "two-edged sword".[2] At a general level‚ it was a good decision. By establishing that corporations are separate legal entities‚ Salomon’s case endowed the company with all the requisite attributes with which to become the powerhouse of capitalism. At a particular level‚ however‚ it was a bad decision. By extending the
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Marbury v. Madison is viewed as the most important case in the U.S. Supreme Court history. The important constitutional principle that was established by U.S. Supreme Court‚ was to use the idea of “Judicial Review”‚ which is the power of federal courts to void acts of Congress in conflict with the Constitution. Under Justice Marshall‚ the court began its ascent as equal in power to the congress and president. Jefferson as the new president‚ did not want appointees from the opposing party taking the
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Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw‚ n.d.). With this Tennessee statute‚ there are some stipulations (FindLaw‚ n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw‚ n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw‚ n.d.). Two police
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Summarize the relevant facts of the case. The relevant facts of Echazabal v. Chevron USA are as follows. Mr. Echnazabal had been working at Chevron USA refinery since 1972 till 1996 until the events presented in the case unfolded. He was employed by independent maintenance contractors for the refinery and worked in the coker unit of the refinery. In 1992‚ when a job opening was posted by Chevron in the same coker unit as that of where Mr. Echnazabal worked‚ he applied for the position to be directly
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Before the Constitution‚ before the freedoms we enjoy now‚ all we had was a monarchy who used the American colonists for Britain’s gain. V for Vendetta shows us a world where simple freedoms such as speech and assembly‚ now gone and replaced by a chancellor and a government who eavesdrop on people’s conversations in the name of national security. Many scenes and actions of the movie mirror that of America’s past events. However‚ this movie was meant to show totalitarian government. The entire nation
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The question before the Supreme Court concerning the Young v. UPS. Does the Pregnancy Discrimination Act require an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar‚ but non-pregnancy related‚ work limitation? (http://www.oyez.org/cases) Samuel Bagenstos on behalf of the petitioner argued that UPS violated the second clause of the PDA. To his understanding the second clause means an employee seeking accommodation
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Mapp v. Ohio‚ 367 U.S. 1081‚ 81 S. Ct. 1684‚ 6 L. Ed. 2d 1081 (1961) Facts: On May 23rd‚ 1957‚ three Cleveland police officers arrived at the home of Mrs. Mapp with information that ‘a person was hiding out in the home‚ who was wanted for questioning in connection with a recent bombing‚ and that there was a large amount of policy paraphernalia being hidden in the home’. Mrs. Mapp and her daughter lived on the top floor of the two-family dwelling. Upon their arrival at that house‚ the officers
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