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Abatement Ab Initio
Abatement ''ab initio'' (Latin for "from the beginning") is a common law legal doctrine that states that the death of a defendant who is appealing a criminal conviction extinguishes all criminal proceedings initiated against that defendant from indictment through conviction. Abatement ''ab initio'' was the subject of two United States Supreme Court decisions, '' Durham v. United States'' (1971) and '' Dove v. United States'' (1976). The former extended the doctrine to cases where certiorari was pending and not yet granted, and the latter excluded discretionary appeals. Cases Abatement ''ab initio'' was used in federal court to overturn the conviction of Enron CEO Kenneth Lay. In the state of Massachusetts, it was used to overturn the convictions of John Salvi and Aaron Hernandez, both convicted of murder. In the latter case, however, the state appealed the decision; in March 2019 the Massachusetts Supreme Judicial Court reinstated Hernandez's conviction and ended the use of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Salvi
John C. Salvi III (March 2, 1972 – November 29, 1996) was an American anti-abortion extremist who carried out fatal shootings at two abortion facilities in Brookline, Massachusetts, on December 30, 1994. The shootings killed two and wounded five. An insanity defense at his trial was not successful and he was convicted of two counts of murder and sentenced to life in prison without the possibility of parole. He died in 1996 in what was officially ruled a suicide in his jail cell. Brookline shootings In the mid-morning of December 30, 1994, John Salvi walked into the Planned Parenthood clinic on Beacon Street in Brookline, Massachusetts, carrying a black duffle bag. In the waiting room, he took a modified .22-caliber Ruger 10/22 semi-automatic rifle from the bag and wordlessly opened fire. A medical assistant, Arjana Agrawal, was hit in the abdomen. Salvi then shot at receptionist Shannon Lowney in the neck, killing her instantly. Approximately forty people were in the room du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ab Initio
( ) is a Latin term meaning "from the beginning" and is derived from the Latin ("from") + , ablative singular of ("beginning"). Etymology , from Latin, literally "from the beginning", from ablative case of "entrance", "beginning", related to verb "to go into", "enter upon", "begin". Uses ''Ab initio'' (abbreviation: ''ab init.'') is used in several contexts, including the following: Law In law, ''ab initio'' refers to something being the case from the start or from the instant of the act rather than from when the court declared it so. For instance, the term "void ''ab initio''" means "to be treated as invalid from the outset." E.g., in many jurisdictions, if a person signs a contract under duress, that contract is treated as being "void ''ab initio''". Typically, documents or acts which are void ''ab initio'' cannot be fixed and if a jurisdiction, a document, or an act is so declared at law to be void ''ab initio'', the parties are returned to their respective positions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, such as obtaining a passport, travel document, or driver's licence. In cases of mortgage fraud, the perpetrator may attempt to qualify for a mortgage by way of false statements. Terminology Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New England Patriots
The New England Patriots are a professional American football team based in the Greater Boston area. The Patriots compete in the National Football League (NFL) as a member of the American Football Conference (AFC) AFC East, East division. The Patriots play home games at Gillette Stadium in Foxborough, Massachusetts, which is southwest of Boston, Massachusetts. The franchise is owned by Robert Kraft, who purchased the team in 1994. As of 2024, the Patriots are the Forbes list of the most valuable sports teams, sixth-most valuable sports team in the world and have sold out every home game since 1994. Founded in 1959 as the Boston Patriots, the team was a charter member of the American Football League (AFL) before joining the NFL in 1970 through the AFL–NFL merger. The Patriots played their home games at various stadiums throughout Boston, including Fenway Park from 1963 to 1969 until the franchise moved to Foxborough in 1971. As part of the move, the team changed its name to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Odin Lloyd
Odin Leonardo John Lloyd (November 14, 1985 – June 17, 2013) was a semi-professional American football player in the New England Football League who was murdered by Aaron Hernandez, a former tight end for the New England Patriots of the National Football League, in North Attleborough, Massachusetts, on June 17, 2013. Lloyd's death made international headlines following Hernandez's association with the investigation as a suspect. Lloyd had been a linebacker for a New England Football League (NEFL) semi-professional football team, the Boston Bandits, since 2007. Hernandez was arrested on June 26, 2013, and charged with the murder. Ninety minutes after his arrest, Hernandez was released by the Patriots. Police also arrested two other men in connection with Lloyd's death: Carlos Ortiz on June 27, 2013, and Ernest Wallace on June 28, 2013. Prosecutors say both men were with Hernandez when they drove to the location of the murder. On August 22, 2013, Hernandez was indicted by a gran ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mootness
The terms moot, mootness and moot point are used both in English law, English and in American law, although with significantly different meanings. In the Law of the United States, legal system of the United States, a matter is "moot" if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic settings led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The mootness doctrine can be compared to the ripeness doctrine, another court rule (rather than law), that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. These rules and similar doctr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some of the court's decisions could be appealed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aaron Hernandez
Aaron Josef Hernandez (November 6, 1989 – April 19, 2017) was an American professional American football, football player who was a tight end in the National Football League (NFL). He played three seasons with the New England Patriots until his arrest and conviction for the murder of Odin Lloyd. Hernandez played college football for the Florida Gators football, Florida Gators, earning first-team College Football All-America Team, All-American honors and winning the 2009 BCS National Championship Game. Due to concerns towards his size and off the field incidents, he was not selected until the fourth round of the 2010 NFL draft by the Patriots at 20 years old. Alongside teammate Rob Gronkowski, Hernandez formed one of the league's most dominant tight end duos, becoming the first pair to score at least five touchdowns each in consecutive seasons for the same team. He also made an appearance in Super Bowl XLVI. During the 2013 offseason, Hernandez was arrested and charged for the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York (state), New York to its west. Massachusetts is the List of U.S. states and territories by area, sixth-smallest state by land area. With a 2024 U.S. Census Bureau-estimated population of 7,136,171, its highest estimated count ever, Massachusetts is the most populous state in New England, the List of U.S. states and territories by population, 16th-most-populous in the United States, and the List of states and territories of the United States by population density, third-most densely populated U.S. state, after New Jersey and Rhode Island. Massachusetts was a site of early British colonization of the Americas, English colonization. The Plymouth Colony was founded in 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Lay
Kenneth Lee Lay (April 15, 1942 – July 5, 2006) was an American businessman and political donor who was the founder, chief executive officer and chairman of Enron. He was heavily involved in Enron scandal, Enron's accounting scandal that unraveled in 2001 into the largest bankruptcy ever to that date. Lay was indicted by a grand jury and was found guilty of 10 counts of securities fraud at trial of Kenneth Lay and Jeffrey Skilling, trial. Lay died in July 2006 while vacationing in his house near Aspen, Colorado, three months before his scheduled sentencing. A preliminary autopsy reported Lay died of a heart attack caused by coronary artery disease. His death resulted in a vacated judgment. Conspiracy theory, Conspiracy theories regarding Lay's death surfaced, alleging that it was faked. Lay left behind "a legacy of shame" characterized by "mismanagement and dishonesty". In 2009 a list posted on Portfolio.com ranked Lay as the third-worst American CEO of all time. His actions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
