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Stanford V. Texas
''Stanford v. Texas'', 379 U.S. 476 (1965), is a major decision of the Supreme Court of the United States. It stated in clear terms that, pursuant to the Fourteenth Amendment, the Fourth Amendment rules regarding search and seizure applied to state governments. While this principle had been outlined in other cases, such as '' Mapp v. Ohio'', this case added another level of constitutional consideration for the issuance of search warrants when articles of expression, protected by the First Amendment, are among the items to be taken. In effect, when a state issues a warrant that includes the order to seize books, it must accord the "most scrupulous exactitude" to the language of the Fourth Amendment. Background The petitioner, John William Stanford, Jr., operated a mail-order book business, "All Points of View", out of his private residence in San Antonio, Texas San Antonio ( ; Spanish for "Anthony of Padua, Saint Anthony") is a city in the U.S. state of Texas and the most ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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Long Parliament
The Long Parliament was an Parliament of England, English Parliament which lasted from 1640 until 1660, making it the longest-lasting Parliament in English and British history. It followed the fiasco of the Short Parliament, which had convened for only three weeks during the spring of 1640 after an Personal Rule, 11-year parliamentary absence. In September 1640, Charles I of England, King Charles I issued writs summoning a parliament to convene on 3 November 1640.This article uses the Julian calendar with the start of year adjusted to 1 January – for a more detailed explanation, see Old Style and New Style dates#Differences between the start of the year, old style and new style dates: differences between the start of the year. He intended it to pass financial bills, a step made necessary by the costs of the Bishops' Wars against Kingdom of Scotland, Scotland. The Long Parliament received its name from the fact that, by Act of Parliament, it stipulated it could be dissolved only ...
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Star Chamber
The court of Star Chamber () was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (), and was composed of privy counsellors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters. It was originally established to ensure the fair enforcement of laws against socially and politically prominent people sufficiently powerful that ordinary courts might hesitate to convict them of their crimes. It was mainly a court of appeal and could impose any penalty, except the death penalty, in its own right. At various times it had sub-courts for particular areas, notably for appeals of "poor man's causes". The Chamber building itself was also sometimes used for other councils, courts, and committee meetings, which may cause confusion as to the role of the court of Star Chamber. In modern times, legal or administrative bodies with strict, arbitrary rulings, no due proces ...
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Tudors
The House of Tudor ( ) was an English and Welsh dynasty that held the throne of England from 1485 to 1603. They descended from the Tudors of Penmynydd, a Welsh noble family, and Catherine of Valois. The Tudor monarchs ruled the Kingdom of England and the Lordship of Ireland (later the Kingdom of Ireland) for 118 years with five monarchs: Henry VII, Henry VIII, Edward VI, Mary I and Elizabeth I. The Tudors succeeded the House of Plantagenet as rulers of the Kingdom of England, and were succeeded by the Scottish House of Stuart. The first Tudor monarch, Henry VII, descended through his mother from the House of Beaufort, a legitimised branch of the English royal House of Lancaster, a cadet house of the Plantagenets. The Tudor family rose to power and started the Tudor period in the wake of the Wars of the Roses (1455–1487), which left the main House of Lancaster (with which the Tudors were aligned) extinct in the male line. Henry VII (a descendant of Edward III, and the son ...
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Writs Of Assistance
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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James Otis, Jr
James Otis Jr. (February 5, 1725 – May 23, 1783) was an American lawyer, politician, and activist who was early supporter of patriotic causes in Province of Massachusetts Bay at the beginning of the American Revolution. Otis was a fervent opponent of the writs of assistance introduced in 1761 which allowed law enforcement officials to search private property without cause. He later criticized British plans to introduce new taxes in the Thirteen Colonies. As a result, Otis is often credited with coining the slogan "taxation without representation is tyranny". Otis was a mentor to Samuel Adams, and his oratorical style inspired John Adams. He is recognized by some as a Founding Father due to his efforts leading up to the Revolutionary War. However, Otis was plagued by mental illness and alcoholism, and his erratic behavior had rendered him inconsequential and embarrassing to the cause by the early 1770s. Early life Otis was born in West Barnstable, Massachusetts, the second of ...
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American Revolution
The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American Revolutionary War, which was launched on April 19, 1775, in the Battles of Lexington and Concord. Leaders of the American Revolution were Founding Fathers of the United States, colonial separatist leaders who, as British subjects, initially Olive Branch Petition, sought incremental levels of autonomy but came to embrace the cause of full independence and the necessity of prevailing in the Revolutionary War to obtain it. The Second Continental Congress, which represented the colonies and convened in present-day Independence Hall in Philadelphia, formed the Continental Army and appointed George Washington as its commander-in-chief in June 1775, and unanimously adopted the United States Declaration of Independence, Declaration of Independence ...
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General Warrant
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a ''writ of restitution'' or a ''writ of possession''. In the area of customs, writs of assistance date from Colonial times. They were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" the customs official in carrying out his duties. In general, customs writs of assistance served as general search warrants that did not expire, allowing customs officials to search anywhere for smuggled goods without having to ...
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Unanimous
Unanimity is agreement by all people in a given situation. Groups may consider unanimous decisions as a sign of social, political or procedural agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or implicitly by a lack of objections. It does not necessarily mean uniformity and can sometimes be the opposite of majority in terms of outcomes. Voting Practice varies as to whether a vote can be considered unanimous if some voter abstains. In ''Robert's Rules of Order'', a "unanimous vote" is not specifically defined, although an abstention is not counted as a vote regardless of the voting threshold. Also in this book, action could be taken by "unanimous consent", or "general consent", if there are no objections raised. However, unanimous consent may not necessarily be the same as a unanimous vote (see Not the same as unanimous vote). In either case, it does not take into account the members who were not present. In contrast, a United Nati ...
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Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who was an associate justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female United States Supreme ...
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Black Panthers
The Black Panther Party (originally the Black Panther Party for Self-Defense) was a Marxist–Leninist and black power political organization founded by college students Bobby Seale and Huey P. Newton in October 1966 in Oakland, California. The party was active in the United States between 1966 and 1982, with chapters in many major American cities, including San Francisco, New York City, Chicago, Los Angeles, Seattle, and Philadelphia. They were also active in many prisons and had international chapters in the United Kingdom and Algeria. Upon its inception, the party's core practice was its open carry patrols ("copwatching") designed to challenge the excessive force and misconduct of the Oakland Police Department. From 1969 onward, the party created social programs, including the Free Breakfast for Children Programs, education programs, and community health clinics. The Black Panther Party advocated for class struggle, claiming to represent the proletarian vanguard. In 1 ...
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