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Expectation Of Privacy
In United States constitutional law, reasonable expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). Overall, reasonable expectations of privacy can be subjective or objective. Overview There are two types of reasonable expectations of privacy: * Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is private which varies greatly from person to person * Objective expectation of privacy: legitimate and generally recognized by society and perhaps protected by law. Places where individuals expect privacy include residences, hotel rooms, or public places that have been provided by businesses or the public sector to ensure privacy, including public restrooms, private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'' (1803) and ''Fletcher v. Peck'' (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constitution. In this role, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Suspicion
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual. If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may " frisk" the person for weapons, but not for contraband like drugs. However, if the police develop probable cause during a weapons frisk (by feeling something that could be a weapon or contraband, for example), they may then conduct a full search. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Objectivity (philosophy)
The distinction between subjectivity and objectivity is a basic idea of philosophy, particularly epistemology and metaphysics. Various understandings of this distinction have evolved through the work of countless philosophers over centuries. One basic distinction is: *Something is subjective if it is dependent on a mind ( biases, perception, emotions, opinions, imagination, or conscious experience). Solomon, Robert C.br>"Subjectivity" in Honderich, Ted. '' Oxford Companion to Philosophy'' (Oxford University Press, 2005), p.900. If a claim is true exclusively when considering the claim from the viewpoint of a sentient being, it is subjectively true. For example, one person may consider the weather to be pleasantly warm, and another person may consider the same weather to be too hot; both views are subjective. *Something is objective if it can be confirmed independently of a mind. If a claim is true even when considering it outside the viewpoint of a sentient being, then it may be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Plain View
In the United States, the plain view doctrine is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The doctrine is also regularly used by Transportation Security Administration officers while screening people and property at American airports.Why We Do What We Do: When Security Officers Find Illegal Items at the Checkpoint For ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 meruit, 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 Admissible evidence, admissibility concern hearsay, Authentication (law), authentication, Relevance (law), relevance, privilege (evidence), privilege, witnesses, opinions, Expert witness, expert tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Society
A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships ( social relations) between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent members. Human social structures are complex and highly cooperative, featuring the specialization of labor via social roles. Societies construct roles and other patterns of behavior by deeming certain actions or concepts acceptable or unacceptable—these expectations around behavior within a given society are known as societal norms. So far as it is collaborative, a society can enable its members to benefit in ways that would otherwise be difficult on an individual basis. Societies vary based o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search (legal)
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrined ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Tests
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a Hearing (law), hearing, Discovery (law), discovery, or other kinds of legal proceedings, the resolution of certain Question of fact, questions of fact or question of law, law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test *Habitual residence, Habitual residence test *Caroline test, ''Caroline'' test Common law *Proximate cause, "But-for" test Canada *Andrews v Law Society of British Colum ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Marshall Harlan II
John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him from his grandfather, John Marshall Harlan, who served on the U.S. Supreme Court from 1877 to 1911. Harlan was a student at Upper Canada College and Appleby College and then at Princeton University. Awarded a Rhodes Scholarship, he studied law at Balliol College, Oxford. Upon his return to the U.S. in 1923 Harlan worked in the law firm of Root, Clark, Buckner & Howland while studying at New York Law School. Later he served as Assistant U.S. Attorney for the Southern District of New York and as Special Assistant Attorney General of New York. In 1954 Harlan was appointed to the United States Court of Appeals for the Second Circuit, and a year later President Dwight D. Eisenhower nominated Harlan to the U.S. Supreme Court following t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Katz V
Katz or KATZ may refer to: Fiction * Katz Kobayashi, a character in Japanese anime * "Katz", a 1947 Nelson Algren story in ''The Neon Wilderness'' * Katz, a character in ''Courage the Cowardly Dog'' Other uses *Katz (surname) *Katz, British Columbia, an uninhabited official placename in Canada **Katz railway station, a Canadian Pacific Railway flag stop *KATZ (AM), a radio station (1600 AM) licensed to St. Louis, Missouri, United States *KATZ-FM KATZ-FM (100.3 Hertz, MHz, "The Beat") is a commercial radio, commercial radio station city of license, licensed to Bridgeton, Missouri, and serving Greater St. Louis. It broadcasts a mainstream urban radio format and is owned by iHeartMedia, I ..., a radio station (100.3 FM) licensed to Bridgeton, Missouri * 22981 Katz (1999 VN30), a main-belt asteroid * Katz Editores, an independent Argentine scholarly publisher * Katz syndrome, a rare congenital disorder * Katz Castle, St. Goarshausen, Rhineland-Palatinate, Germany * Katz Group of C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and Confiscation, confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
