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Fortunato Benavides
Fortunato Pedro Benavides (February 3, 1947 – May 5, 2023) was an American judge. From 1994 until 2023, he served as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Education and career Born in Mission, Texas, Benavides received a Bachelor of Business Administration degree in 1968 from the University of Houston. He received a Juris Doctor in 1972 from the University of Houston Law Center. He was in private practice as an attorney in McAllen, Texas from 1972 to 1977, from 1980 to 1981 and from 1993 to 1994. He was a judge of the Hidalgo County, Texas Court-at-Law Number Two, from 1977 to 1979. He was a judge of the Hidalgo County, Texas Ninety Second District Court, from 1981 to 1984. He was a justice of the Thirteenth Court of Appeals of Texas, from 1984 to 1991. He was a judge of the Texas Court of Criminal Appeals, from 1991 to 1992. He was a visiting judge of the Supreme Court of Texas in 1993. Federal judicial service Benavides ...
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Augean Stables
In Greek mythology, Augeas (or Augeias, , ), whose name means "bright", was king of Elis and father of Epicaste. Some ancient authors say that Augeas was one of the Argonauts. He is known for his stables, which housed the single greatest number of cattle in the country and had never been cleaned, until the time of the great hero Heracles. The derivative adjective ''augean'' came to signify a challenging task, typically improving or fixing something that is currently in a bad condition. Family Augeas's lineage varies in the sources: he was said to be either the son of Helios either by NausidameHyginus, ''Fabulae'14/ref> or Iphiboe, or of Eleios, or of Poseidon, or of Phorbas and Hyrmine.Apollodorus, 2.88 In the latter account, Augeas was probably the brother of Actor, Tiphys and Diogeneia. His children were Epicaste, Phyleus, Agamede, Agasthenes, and Eurytus. Mythology The fifth Labour of Heracles (Hercules in Latin) was to clean the Augean () stables. Eurystheus int ...
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Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O'Connor was the first woman to serve as a U.S. Supreme Court justice. A moderate conservative, she was considered a swing vote. Before O'Connor's tenure on the Court, she was an Arizona state judge and earlier an elected legislator in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the United States Senate. O'Connor usually sided with the Court's conservative bloc but on occasion sided with the Court's liberal members. She often wrote concurring opinions that sought to limit the reach of the majority holding. Her majority opinions in landmark cases include '' Grutter v. Bollinger'' and '' Hamd ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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Presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some Evidence (law), evidence to the contrary) or the burden of proof (law), burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a Trier of fact, fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily ...
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En Banc
In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeals in which each case is heard by a three-judge panel instead of the entire court, ''en banc'' review is usually used for only unusually complex or important cases or when the court believes there is an especially significant issue at stake. ''En banc'' is a French phrase meaning "in bench". United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases ...
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Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ...
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Edith Jones
Edith Hollan Jones (born April 7, 1949) is a United States circuit judge and the former chief judge of the United States Court of Appeals for the Fifth Circuit. Jones was nominated by President Ronald Reagan on February 27, 1985, to a new seat created by 98 Stat. 333. She was confirmed by the United States Senate on April 3, 1985, and received commission on April 4, 1985. Jones served as chief judge of the Fifth Circuit from 2006 to 2012. Education and career Born in Philadelphia, Pennsylvania, Jones graduated from Cornell University with a Bachelor of Arts in economics in 1971. She received her Juris Doctor from University of Texas School of Law in 1974, where she was a member of the '' Texas Law Review''. She was in private practice in Houston, Texas, from 1974 until 1985, working for the firm of Andrews, Kurth, Campbell & Jones, where she became the firm's first female partner. She specialized in bankruptcy law. She also served as general counsel for the Republican Party of ...
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Rhesa Barksdale
Rhesa Hawkins Barksdale (born August 8, 1944) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Early life, education and legal training Born in Jackson, Mississippi, Barksdale received a Bachelor of Science degree from United States Military Academy at West Point in 1966. He was in the United States Army from 1966 to 1970, serving in the Vietnam War, and afterwards returned to studies. In 1972, he received a Juris Doctor from the University of Mississippi Law School, where he graduated first in his class and was a member of the Mississippi Mayes Inn of the Phi Delta Phi legal fraternity. He was a law clerk for Justice Byron White of the United States Supreme Court from 1972 to 1973. Career Barksdale entered the private practice of law, as an attorney for the firm of Butler, Snow, O'Mara, Stevens and Cannada in Jackson from 1973 to 1990. During this time, he was an instructor in constitutional law for the University of Miss ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ...
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NBC News
NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Media Group, a division of NBCUniversal, which is itself a subsidiary of Comcast. The news division's various operations report to the president of NBC News, Rebecca Blumenstein. The NBCUniversal News Group also comprises MSNBC, the network's 24-hour liberal cable news channel, as well as business and consumer news channels CNBC and CNBC World, the Spanish language and United Kingdom-based Sky News. NBC News aired the first regularly scheduled news program in American broadcast television history on February 21, 1940. The group's broadcasts are produced and aired from 30 Rockefeller Plaza, NBCUl's headquarters in New York City. The division presides over the flagship evening newscast ''NBC Nightly News'', the world's first of its genre morning television program, ''Today (American TV program), Today'', and the longest-running television series in American hi ...
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