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Struck Jury
A struck jury is a multi-step process of selecting a jury from a pool. First potential jurors are eliminated for hardship. Second jurors are eliminated for cause by conducting voir dire until there is a pool available that is exactly the size of the final jury (including required alternates) plus the number of peremptory challenges available to each side. Then the two sides exercise their peremptory challenges on the remaining pool, usually alternating. This procedure "has its roots in ancient common law heritage". Commentators have offered the following (and other) advantages of a struck jury over a "strike and replace" jury: *It is capable of producing a less biased jury than the alternative; *There is no reason to hold back on use of peremptories because lawyers have full knowledge of who will remain on the panel; *Remedying an alleged Batson violation is easier, since court and counsel can view all the strikes and a ruling can be made before any juror is excused. Altern ...
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Jury Selection
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license or ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box. At this stage, they will be questioned in court by the judge and/or attorneys in the United States. Depending on the jurisdiction, attorneys may have an opportunity to mount a ''challenge for cause'' argument or use one of a limited number of peremptory challenges. In some jurisdictions that have capital punishment, the jury must be death-qualified to remove those who are opposed to the death penalty. Jury selection and techniques for '' voir dire'' are taught to law students in trial advocacy ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged i ...
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Jury Nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a trial, criminal trial gives a Acquittal, not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: # Jurors cannot be punished for passing an incorrect verdict. # A defendant who is acquitted double jeopardy, can, in many jurisdictions, not be tried a second time for the same offence. ...
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Andrew Hamilton (lawyer)
Andrew Hamilton (1676 – August 4, 1741) was a Scottish lawyer in the Thirteen Colonies, where he finally settled in Philadelphia. He was best known for his legal victory on behalf of the printer and newspaper publisher John Peter Zenger. His involvement with the 1735 decision in New York helped to establish that truth is a defense to an accusation of libel. His eloquent defense concluded with saying that the press has "a liberty both of exposing and opposing tyrannical power by speaking and writing truth." His success in this case has been said to have inspired the now-archaic term " Philadelphia lawyer", meaning a particularly adept and clever attorney, as in "It would take a Philadelphia lawyer to get him off." His estate in Philadelphia, known as Bush Hill, was inherited by his son, William Hamilton, who leased it for use as the vice-president's house during the years that the city was the temporary capital of the United States. Immigration to Virginia Believed to be bo ...
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New York (state)
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's populat ...
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Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) ...
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Newspaper
A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as politics, business, sports and art, and often include materials such as opinion columns, weather forecasts, reviews of local services, obituaries, birth notices, crosswords, editorial cartoons, comic strips, and advice columns. Most newspapers are businesses, and they pay their expenses with a mixture of subscription revenue, newsstand sales, and advertising revenue. The journalism organizations that publish newspapers are themselves often metonymically called newspapers. Newspapers have traditionally been published in print (usually on cheap, low-grade paper called newsprint). However, today most newspapers are also published on websites as online newspapers, and some have even abandoned their print versions entirely. Newspapers developed in the 1 ...
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John Peter Zenger
John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed ''The New York Weekly Journal''. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing ''The New York Weekly Journal'', which voiced opinions critical of the colonial governor, William Cosby. On November 17, 1734, on Cosby's orders, the sheriff arrested Zenger. After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel. Early life Peter Zenger was born in 1697 in the German Palatinate. Most of the details of his early life are obscure. He was a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Impf ...
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Māori People
The Māori (, ) are the indigenous Polynesian people of mainland New Zealand (). Māori originated with settlers from East Polynesia, who arrived in New Zealand in several waves of canoe voyages between roughly 1320 and 1350. Over several centuries in isolation, these settlers developed their own distinctive culture, whose language, mythology, crafts, and performing arts evolved independently from those of other eastern Polynesian cultures. Some early Māori moved to the Chatham Islands, where their descendants became New Zealand's other indigenous Polynesian ethnic group, the Moriori. Initial contact between Māori and Europeans, starting in the 18th century, ranged from beneficial trade to lethal violence; Māori actively adopted many technologies from the newcomers. With the signing of the Treaty of Waitangi in 1840, the two cultures coexisted for a generation. Rising tensions over disputed land sales led to conflict in the 1860s, and massive land confiscations, to ...
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Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic adjectives ''*brûnoz and *brûnâ'' meant ...
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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 U.S. federal court cases, and over state court cases that involve a point of federal law. It also has 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." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ...
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Naturalization Act 1870
This article concerns the history of British nationality law. Early English and British nationality law British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions (natural-born subjects) and those who later gave him their allegiance (naturalised subjects or denizens). A summary of early English common law is provided by Sir William Blackstone, who wrote about the law in 1765–69. Natural-born subjects were originally those born within the dominion of the crown (jus soli). Blackstone describes how various statutes extended the rights of the children of subjects born abroad, until "all children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were ...
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