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Judicial Notice
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts and materials admitted under judicial notice are accepted without being formally introduced by a witness or other rule of evidence, even if one party wishes to plead evidence to the contrary. Judicial notice is frequently used for the simplest, most obvious common sense facts, such as which day of the week corresponded to a particular calendar date or the approximate time at sunset. However, it could even be used within one jurisdiction to notice a law of another jurisdiction—such as one which provides average baselines for motor vehicle stopping distances. Judicial notice in the United States Judicial notice in the Federal Rules of Evidence In the United States, Article ...
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Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standard ...
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Guantanamo Bay Detainment Camp
The Guantanamo Bay detention camp ( es, Centro de detención de la bahía de Guantánamo) is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo, GTMO, and Gitmo (), on the coast of Guantánamo Bay in Cuba. Of the roughly 780 people detained there since January 2002 when the military prison first opened after the September 11 attacks, 735 have been transferred elsewhere, 35 remain there, and 9 have died while in custody. The camp was established by U.S. President George W. Bush's administration in 2002 during the War on Terror following the September 11, 2001 attacks. Indefinite detention without trial led the operations of this camp to be considered a major breach of human rights by Amnesty International, and a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution by the Center for Constitutional Rights.
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Auschwitz Concentration Camp
Auschwitz concentration camp ( (); also or ) was a complex of over 40 concentration and extermination camps operated by Nazi Germany in occupied Poland (in a portion annexed into Germany in 1939) during World War II and the Holocaust. It consisted of Auschwitz I, the main camp (''Stammlager'') in Oświęcim; Auschwitz II-Birkenau, a concentration and extermination camp with gas chambers; Auschwitz III-Monowitz, a labor camp for the chemical conglomerate IG Farben; and dozens of subcamps. The camps became a major site of the Nazis' final solution to the Jewish question. After Germany sparked World War II by invading Poland in September 1939, the '' Schutzstaffel'' (SS) converted Auschwitz I, an army barracks, into a prisoner-of-war camp. The initial transport of political detainees to Auschwitz consisted almost solely of Poles for whom the camp was initially established. The bulk of inmates were Polish for the first two years. In May 1940, German criminals broug ...
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Institute For Historical Review
The Institute for Historical Review (IHR) is a United States-based nonprofit organization which promotes Holocaust denial. It is considered by many scholars to be central to the international Holocaust denial movement. Self-described as a " historical revisionist" organization, the IHR promotes antisemitic viewpoints and has links to several neo-Nazi and neo-Fascist organizations. The group was founded in 1978 in Torrance, California by David McCalden and Willis Carto, and is headquartered in Fountain Valley, California. It published the '' Journal of Historical Review'' until 2002, but now disseminates its materials through its website and via email. The parent corporation of the IHR and the affiliated Noontide Press is the Legion for the Survival of Freedom. In 2009, IHR director Mark Weber published an article questioning the relevance of "Holocaust revisionism" in general, triggering infighting in the movement. History The IHR was founded in 1978 by David McCalden ...
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Mel Mermelstein
Melvin Mermelstein (born Moric Mermelstein; September 25, 1926 – January 28, 2022) was a Czechoslovak-born American Holocaust survivor and autobiographer. A Jew, he was the sole-survivor of his family's extermination at Auschwitz concentration camp who defeated the Institute for Historical Review in an American court and in 1981 had the occurrence of gassings in Auschwitz during the Holocaust declared a legally incontestable fact. Life and career Mermelstein was born in Örösveg, the son of Fani, a homemaker, and Herman-Bernad Mermelstein, a winemaker. Before World War II broke out, Mermelstein lived in Munkacs, then part of Czechoslovakia (occupied by Hungary in 1938). On May 19, 1944, he was deported to the Auschwitz concentration camp. Mermelstein spent a little less than one year at Auschwitz, then in January 1945 he was sent on a death march with 3,200 other prisoners to the Gross-Rosen concentration camp. From there he was sent on a train without food or water to ...
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Charles Evans Hughes
Charles Evans Hughes Sr. (April 11, 1862 – August 27, 1948) was an American statesman, politician and jurist who served as the 11th Chief Justice of the United States from 1930 to 1941. A member of the Republican Party, he previously was the 36th Governor of New York (1907–1910), an associate justice of the Supreme Court (1910–1916), and 44th U.S. Secretary of State (1921–1925), as well as the Republican nominee for President of the United States who lost a very close 1916 presidential election to Woodrow Wilson. Born to a Welsh immigrant preacher and his wife in Glens Falls, New York, Hughes graduated from Brown University and Columbia Law School and practiced law in New York City. After working in private practice for several years, in 1905 he led successful state investigations into public utilities and the life insurance industry. He won election as the Governor of New York in 1906, and implemented several progressive reforms. In 1910, President William Howard Ta ...
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Home Building & Loan Association V
A home, or domicile, is a space used as a permanent or semi-permanent residence for one or many humans, and sometimes various companion animals. It is a fully or semi sheltered space and can have both interior and exterior aspects to it. Homes provide sheltered spaces, for instance rooms, where domestic activity can be performed such as sleeping, preparing food, eating and hygiene as well as providing spaces for work and leisure such as remote working, studying and playing. Physical forms of homes can be static such as a house or an apartment, mobile such as a houseboat, trailer or yurt or digital such as virtual space. The aspect of ‘home’ can be considered across scales; from the micro scale showcasing the most intimate spaces of the individual dwelling and direct surrounding area to the macro scale of the geographic area such as town, village, city, country or planet. The concept of ‘home’ has been researched and theorized across disciplines – topics rangi ...
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Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation through the American Civil War and succeeded in preserving the Union, abolishing slavery, bolstering the federal government, and modernizing the U.S. economy. Lincoln was born into poverty in a log cabin in Kentucky and was raised on the frontier, primarily in Indiana. He was self-educated and became a lawyer, Whig Party leader, Illinois state legislator, and U.S. Congressman from Illinois. In 1849, he returned to his successful law practice in central Illinois. In 1854, he was angered by the Kansas–Nebraska Act, which opened the territories to slavery, and he re-entered politics. He soon became a leader of the new Republican Party. He reached a national audience in the 1858 Senate campaign debates against Stephen A. Douglas. ...
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William "Duff" Armstrong
William "Duff" Armstrong (1833–1899) was an American Union soldier and the defendant in an 1858 murder prosecution in which he was defended by Abraham Lincoln, two years before he was elected President of the United States. The case would later be portrayed in the 1939 film ''Young Mr. Lincoln''. Early life Armstrong was born to Jack and Hannah Armstrong. Jack died in 1857. Abraham Lincoln was a friend of the Armstrongs and regularly visited and would cradle baby William. Murder trial Armstrong was charged with the August 29, 1857, murder of James Preston Metzker in Mason County, Illinois. His father, Jack Armstrong, had been a friend of Lincoln while he was studying law in New Salem, Illinois. When Lincoln heard of the murder charge, he wrote to Jack's widow, Hannah, and volunteered his legal services '' pro bono''. The trial was moved to Cass County and held at the courthouse at Beardstown, Illinois. Witness Charles Allen testified that he saw Duff Armstrong strike Me ...
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Inventive Step And Non-obviousness
The inventive step and non-obviousness reflect a general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive—i.e., non-obvious—in order to be patented. In other words, " henonobviousness principle asks whether the invention is an adequate distance beyond or above the state of the art". The expression "inventive step" is predominantly used in Europe, while the expression "non-obviousness" is predominantly used in United States patent law. The expression "inventiveness" is sometimes used as well. Although the basic principle is roughly the same, the assessment of the inventive step and non-obviousness varies from one country to another. For instance, the practice of the European Patent Office (EPO) differs from the practice in the United Kingdom. Rationale The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product d ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be cons ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Bur ...
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