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The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.
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Court and held
By making inroads in the name of law enforcement into the protection which Congress has afforded to the marriage relationship, the Court today continues in the path charted by the recent decision in Wyatt v. United States, 362 U.S. 525, where the Court held that, under the circumstances of that case, a wife could be compelled to testify against her husband over her objection.
The Court held that federal jurisdiction should not be exercised lest the domestic policy of the state be obstructed ; ;
The Court held that Congress had intended the federal judiciary to `` fashion '' an appropriate law of labor-management contracts.
However, the Federal Court held that since the State had accepted the provisions of the Wagner-Peyser Act into its own Code, and presumably therefore also the regulations, it was now a State matter.
The High Court held that the company must apply its percentage allowance to the value of the raw materials removed from the ground, not to the revenue from finished products.
The Supreme Court of Virginia has stated that '" This Court has repeatedly held that the effect of an appeal to circuit court is to " annul the judgment of the inferior tribunal as completely as if there had been no previous trial.
However, it was held by the Supreme Court that an affidavit can be used as an evidence only if the Court so orders for sufficient reasons.
The Act overturns a 1999 U. S. Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures ; it specifically provides that such impairment must be determined without considering such ameliorative measures.
The Supreme Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea.
As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable while the defendant himself still maintained that he was not guilty.
" In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.
The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing.
In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a " variation of an ordinary guilty plea ".
The Supreme Court of the United States held in its landmark case, McGowan v. Maryland ( 1961 ), that Maryland's blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution.
The school appealed the IRS decision all the way to the U. S. Supreme Court, arguing that the University met all other criteria for tax-exempt status and that the school's racial discrimination was based on sincerely held religious beliefs, that " God intended segregation of the races and that the Scriptures forbid interracial marriage.
" The university was not challenged about the origin of its interracial dating policy, and the District Court accepted " on the basis of a full evidentiary record " BJU's argument that the rule was a sincerely held religious conviction, a finding affirmed by all subsequent courts.
As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law.
In 1938, the U. S. Supreme Court in Erie Railroad Co. v. Tompkins 304 U. S. 64, 78 ( 1938 ), overruled earlier precedent, and held " There is no federal general common law ," thus confining the federal courts to act only as interpreters of law originating elsewhere.
Court and both
Mr. Bourcier said that he had consulted several Superior Court justices in the last week and received opinions favoring both procedures.
Once the proposal is accepted by both the creditors and the Court, the debtor makes the payments to the Proposal Administrator each month ( or as otherwise stipulated in their proposal ), and the general creditors are prevented from taking any further legal or collection action.
Patasse has been found guilty of major crimes in Bangui and CAR has brought a case to the International Criminal Court against him and Jean Pierre Bemba from the neighbouring Democratic Republic of Congo accusing them both of multiple crimes in suppressing one of the mutinies against Patasse.
* took a strong line on the right of return for refugees to properties vacated in the 1974 displacement of Cypriots on both sides, which was based on both UN Resolutions and decisions of the European Court of Human Rights ;
In its sentence from September 1997, the International Court of Justice stated that both sides breached their obligation and that the 1977 Budapest Treaty is still valid.
In antiquity, the Sanhedrin functioned essentially as the Supreme Court and legislature for Judaism, and had the power to administer binding law, including both received law and its own Rabbinic decrees, on all Jews — rulings of the Sanhedrin became Halakha ; see Oral law.
The differences between this court and the House of Lords are that in the House all of the peers are judges of both law and fact, whereas in the Court the Lord High Steward is the sole judge of fact and the peers decide the facts only ; and the bishops are not entitled to sit and vote in the Court.
* 1921 – Former U. S. President William Howard Taft is sworn in as 10th Chief Justice of the U. S. Supreme Court, becoming the only person to ever be both President and Chief Justice.
In Beacon Theaters v. Westover,, the US Supreme Court discussed the right to a jury, holding that when both equitable and legal claims are brought, the right to a jury trial still exists for the legal claim, which would be decided by a jury before the judge ruled on the equitable claim.
The supreme courts of both states objected, including this statement from the Massachusetts General Court:
These were of the nature of both a treaty and constitution which contained minority rights clauses that provided for the right of petition and adjudication by the International Court.
The highest court, the Constitutional Court, has both original and appellate jurisdiction.
* 1998 – Gay rights: Oncale v. Sundowner Offshore Services: The Supreme Court of the United States rules that federal laws banning on-the-job sexual harassment also apply when both parties are the same sex.
The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable.
According to professor A. V. Dicey in An Introduction to the Study of the Law of the Constitution, the essential features of a federal constitution are: a ) A written supreme constitution in order to prevent disputes between the jurisdictions of the Federal and State authorities ; b ) A distribution of power between the Federal and State governments and c ) A Supreme Court vested with the power to interpret the Constitution and enforce the law of the land remaining independent of both the executive and legislative branches.
Under the Constitution, in assuming office the President must subscribe to a formal declaration, made publicly and in the presence of members of both Houses of the Oireachtas, judges of the Supreme Court and the High Court, and other " public personages ".
Impeachment can be pronounced by the High Court, a special court convened from both houses of Parliament on the proposal of either House, should the president have failed to discharge his duties in a way that evidently precludes the continuation of his term.
The court system inaugurated by Congress included a Supreme Court consisting of a chief justice appointed by the president and four associate justices, elected by a joint ballot of both houses of Congress for four-year terms and eligible for re-election.
Svalbard is subordinate to Nord-Troms District Court and Hålogaland Court of Appeal, both located in Tromsø.
Other states ' supreme courts have used the term " Appeals ": New Jersey's supreme courts under the 1844 constitution and Delaware's supreme court were both the " Court of Errors and Appeals "; The term " Errors " refers to the now-obsolete writ of error, which was used by state supreme courts to correct certain types of egregious errors committed by lower courts.
In the case of proposed Quebec separation from Canada the Supreme Court of Canada in 1998 ruled that only both a clear majority of the province and a constitutional amendment confirmed by all participants in the Canadian federation could allow secession.
Court and exculpatory
On 10 November 2011, the Supreme Court affirmed Katsav's conviction and punishment, rejecting possibly exculpatory evidence.
The Eastern Virginia District Court originally found that felons were entitled access to DNA testing on potentially exculpatory evidence, but this finding was later overturned by the Fourth Circuit Court of Appeals.
After the January 2002 decision was handed down, Harvey applied to Virginia's Fairfax Circuit Court for DNA testing based on a 2001 law allowing felons increased access to potentially exculpatory biological evidence that had not previously been subjected to the current DNA testing method.
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