Clarence Thomas Supreme Court nomination

conducted was reviewed, Terry vs. Ohio case. The court further went into other cases that had resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is…

It wasn’t until the first half of the twentieth century but since has been growing less popular in the last few decades. This is due in part because they often are overturned in court if Congress has not given prior delegated authority to the president. Executive orders that are sustained, are those not overturned in courts. Sustained executive orders most often have some prior authority from Congress that legitimizes them. Informal powers are those of persuasion and…

Case: Maryland v. Pringle, 540 U.S. 366 (2003). Court: United State Supreme Court Dates: Argued November 3, 2003—Decided December 15, 2003 Parties: Maryland / Appellants Pringle / Appellee Procedural History: Pringle, along with three other men, were arrested for possession of drugs and large sums of money but Pringle took full guilt. Pringle first filed a motion with the trial court to suppress his confession with claims that his arrest was illegal because the officer did not…

similar. Precedent is a rigid system as a decision by a higher court in an earlier case, must be followed by a lower court in a later, similar case, so there is no scope for judicial creativity. In order for precedent to later, similar case, so there is no scope for judicial creativity. In order for precedent to operate it is necessary for there to be a court hierarchy. The decisions of the higher court bind lower courts and some of the courts are also bound by their own previous…

B. Chef Curry’s Covenant Not to Compete Is Likely Unenforceable Because It Does Not Meet All Four Elements of Enforceability. If chefs are considered professionals, Alabama courts will only enforce a noncompetition agreement when an employer has a protectable interest, the restriction is reasonably related to that interest, the restriction is reasonable in time and place, and the restriction imposes no undue hardship upon the employee. All four of these elements must be found, otherwise the…

years after Superior Court judges agreed with defense arguments that the interrogation and testimony by child witnesses was tainted. Handing a major victory to defense in one of the country's longest-running day-care sexual abuse cases, a massachusetts judge ruled today that the children in the case had been so manipulated in interviews with investigators that their testimony was “forever tainted.” The prosecution will appeal the ruling to the Massachusetts Supreme Judicial Court, Ms. Rooney…

Richard John 'Jack ' Baker and James Michael McConnell applied to Hennepin County District Court clerk Gerald Nelson for a marriage license. He denied the application, because the applicants both were men.” In the same case the court ruled based on its own opinion instead of written law, “The trial court was not impressed with the argument, agreeing with Nelson. The state Supreme Court agreed with the lower court.” Baker v. Nelson was the precedent to rule off future cases of gay marriage. The…

especially pronounced during the activist Warren Court of the 1960s (Friedman, 2002, 202). The counter-majoritarian difficulty…

Sixth Amendment. In conclusion, the Crawford v. Washington case impacted the Supreme Court of Virginia’s decision in Briscoe v. Commonwealth and Cypress v. Commonwealth. The defense attorneys and prosecutors in Virginia should proceed in caution of the sixth amendment with confronting witnesses. Keywords, Briscoe v. Commonwealth, Cypress v. Commonwealth, Crawford v. Washington, Sixth Amendment The Supreme Court of the…

power of the judicial branch and keeps it from having the ultimate say over whether someone is guilty and what punishment they receive. Another check that the legislative branch has on the judicial branch is that the legislative branch establishes the court budget. The legislative branch holds the power over how much money goes into the judicial branch. Being able to control how much money can be spent by the judicial branch correlates to how much power the judicial branch can have. The phrase…