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Small V. United States
''Small v. United States'', 544 U.S. 385 (2005), was a decision by the Supreme Court of the United States involving 18 U.S.C. § 922(g)(1), which makes it illegal to possess a firearm for individuals previously "convicted in any court" of crimes for which they could have been sentenced to more than one year in prison. The Court ruled, in a five to three decision, that "any court" does not include those in foreign countries. This decision resolved a circuit split on the issue, and reversed the lower ruling of the Third Circuit that the law did apply to foreign convictions. Background In December 1992, Gary Sherwood Small was arrested for an apparent (and disputed) attempt to recover a water heater from Naha Airport in Okinawa, Japan. According to Japanese authorities, the water heater contained several pistols, a rifle, and ammunition. Small was convicted on 17 April 1994 by a Japanese court for violating the Japanese Act Controlling the Possession of Firearms and Swords, the G ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official '' United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial '' Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case report ...
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Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a par ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long b ...
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United States Court Of Appeals For The Tenth Circuit
The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * District of New Mexico * Eastern District of Oklahoma * Northern District of Oklahoma * Western District of Oklahoma * District of Utah * District of Wyoming These districts were part of the Eighth Circuit until 1929. The court is composed of twelve active judges and is based at the Byron White U.S. Courthouse in Denver, Colorado. It is one of thirteen United States courts of appeals and has jurisdiction over 560,625 square miles, or roughly one seventh of the country's land mass. History Congress created a new judicial circuit in 1929 to accommodate the increased caseload in the federal courts. Between 1866 and 1912, twelve new states had entered the Union and been incorporated into the Eighth and Ninth Circuits. The Eighth Circuit e ...
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United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. William Howard Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ..., the only person ever to serve as both President and Chief Justice of the United ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: *District of Maryland * Eastern District of North Carolina * Middle District of North Carolina *Western District of North Carolina *District of South Carolina * Eastern District of Virginia *Western District of Virginia * Northern District of West Virginia *Southern District of West Virginia The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f .... __TOC__ Current composition of the ...
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3d Cir
3-D, 3D, or 3d may refer to: Science, technology, and mathematics Relating to three-dimensionality * Three-dimensional space ** 3D computer graphics, computer graphics that use a three-dimensional representation of geometric data ** 3D film, a motion picture that gives the illusion of three-dimensional perception ** 3D modeling, developing a representation of any three-dimensional surface or object ** 3D printing, making a three-dimensional solid object of a shape from a digital model ** 3D display, a type of information display that conveys depth to the viewer ** 3D television, television that conveys depth perception to the viewer ** Stereoscopy, any technique capable of recording three-dimensional visual information or creating the illusion of depth in an image Other uses in science and technology or commercial products * 3D projection * 3D rendering * 3D scanning, making a digital representation of three-dimensional objects * 3D video game (other) * 3-D Secure, a se ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a col ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with '' Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but t ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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Constitution Of Japan
The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution replaced the Meiji Constitution of 1890 when it came into effect on 3 May 1947. The constitution provides for a parliamentary system of government and guarantees certain fundamental rights. In contrast to the Meiji Constitution, which invested the Emperor of Japan with supreme political power, under the new charter the Emperor was reduced to "the symbol of the State and of the unity of the people" and exercises only a ceremonial role acting under the sovereignty of the people. The constitution, also known as the MacArthur Constitution, , or the , was drafted under the supervision of Douglas MacArthur, the Supreme Commander for the Allied Powers, during the Allied occupation of Japan after World War II. Japanese scholars reviewed and m ...
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Evidentiary Hearing
Within some criminal justice systems, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer. Canada In Canada, a preliminary hearing is sometimes referred to as a preliminary inquiry. During the preliminary inquiry, a hearing is held by the court to determine if there is enough evidence to justify a trial. Preliminary inquiries are only held when a person is charged with an indictable offence. The Crown Attorney may call witnesses. If there is not enough evidence, the court will dismiss the charge(s). In the aftermath of the 2016 Jordan decision, in which the Supreme Court of Canada imposed time limits on the Crown to bring criminal cases to trial, the Crown has started to use the direct indictment procedure more freq ...
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