|
Vitek V. Jones
''Vitek v. Jones'', , is a United States Supreme Court case in which the Court held that state prisoners are entitled to notice, an adversarial hearing, and counsel before their involuntary transfer to state mental hospitals for treatment under the Fourteenth Amendment's Due Process Clause. Background Under Nebraska state law, the director of correctional services could transfer state prisoners to a psychiatric hospital if they determined that the prisoner suffered from a mental disorder, and the state would be incapable of proving proper treatment within its prisons. Applying this statute, Nebraska Correctional Services Director Joseph C. Vitek transferred Larry D. Jones from the Nebraska Penal and Correctional Complex to the Lincoln Regional Center Security Building in April 1975. In September 1977, the US District Court for the District of Nebraska enjoined the state of Nebraska from enforcing this provision. The District Court accepted Jones' argument that requiring him ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notice
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice. Service of process At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice. In a civil case, personal jurisdiction over a defendant is obtained by service of a summons. Service can be accomplished by personal delivery of the summons or subpoena to the person or an authorized agent of the person. Service may also be made by substitute means; for example, in many jurisdictions, service of a summons can be made on a person of suitable age and discretion at the residence or ... [...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] |
American Journal Of Law & Medicine
The ''American Journal of Law & Medicine'' is a quarterly peer-reviewed academic journal covering health law. It was established in 1975 and was published by SAGE Publishing till December 2020, in association with both Boston University School of Law and the American Society of Law, Medicine & Ethics. Starting January 2021, the journal is published by Cambridge University Press. The editor-in-chief is Edward J. Hutchinson (American Society of Law, Medicine & Ethics). According to the ''Journal Citation Reports'', the journal has a 2023 impact factor The impact factor (IF) or journal impact factor (JIF) of an academic journal is a type of journal ranking. Journals with higher impact factor values are considered more prestigious or important within their field. The Impact Factor of a journa ... of 0.5. References External links * {{DEFAULTSORT:American Journal of Law and Medicine Medical law journals Quarterly journals Boston University School of Law Academic journals ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action. Ripeness issues most usually arise when a plaintiff seeks anticipatory relief, such as an injunction. Originally stated in '' Liverpool, New York & Philadelphia Steamship Co. v. Commissioners of Emigration'' (1885), ripeness is one the seven rules of the constitutional avoidance doctrine established in '' Ashwander v. Tennessee Valley Authority'' (1936) that requires that the Supreme Court of the United States The Supreme Court of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harry Blackmun
Harold Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1970 to 1994. Appointed by President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in ''Roe v. Wade.'' Raised in Saint Paul, Minnesota, Blackmun graduated from Harvard Law School in 1932. He practiced law in the Twin Cities, representing clients such as the Mayo Clinic. In 1959, President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Eighth Circuit. After the defeat of two previous nominees, President Nixon successfully nominated Blackmun to the Supreme Court to replace Associate Justice Abe Fortas. Blackmun and his close friend, Chief Justice Warren Burger, were often called the "Minnesota Twins", but Blackmun drifted away from Burger during their tenure on the court. He re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's Holding (law), holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise hol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probation
Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gagnon V
{{disambiguation ...
Gagnon may refer to: * Gagnon (surname), people with the surname Gagnon * Gagnon, Quebec, a ghost town in East-Central Quebec, Canada * Gagnon River, a river in Quebec, Canada * ''Gagnon v. Scarpelli'', a United States Supreme Court case * ''Asset Marketing Systems, Inc. v. Gagnon'', an American court case * Lac Gagnon Water Aerodrome, a former water aerodrome in Quebec, Canada See also * Gagné Gagne and Gagné are two distinct French surnames. The name Gagné is more common in France. Gagne is also the name of three minor French rivers. People with these surnames include: Gagne *Al Gagne (1941–2020), American curler *Greg Gagne (baseba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis F
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis numb ... [...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] |
