query: due process of the law in the united states is generally defined by the

pos: Due Process Clause Due Process Clause The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court of the United States interprets the clauses more broadly, concluding that these clauses provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

pos: United States constitutional criminal procedure appeal. All of the foregoing constitutional provisions apply exclusively to criminal matters. In contrast, the due process and equal protection clauses have substantial application outside of the criminal law. U.S. Const. amend. V provides: U.S. Const. amend. XIV, § 1 provides: The due process clauses of the Fifth and Fourteenth Amendments apply generally to all stages of criminal proceedings. The Due Process Clause of the Fourteenth Amendment was the vehicle for the incorporation of all of the foregoing rights (with the exception of the Grand Jury Clause, the Vicinage Clause, and maybe the Excessive Bail Clause) to apply in state

pos: Due process However, neither concept lines up perfectly with the American conception of due process, which presently contains many implied rights not found in the ancient or modern concepts of due process in England. The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court of the United States interprets the clauses as providing four protections: procedural due process (in

pos: Substantive due process Substantive due process In United States constitutional law, substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between the acts that courts hold that are

neg: Immigration to the United States be deported and have imposed mandatory detention for certain types of cases. In contrast to economic migrants, who generally do not gain legal admission, refugees, as defined by international law, can gain legal status through a process of seeking and receiving asylum, either by being designated a refugee while abroad, or by physically entering the United States and requesting asylum status thereafter. A specified number of legally defined refugees, who either apply for asylum overseas or after arriving in the U.S., are admitted annually. Refugees compose about one-tenth of the total annual immigration to the United States, though some large

neg: Subpoena ad testificandum it is directed to attend and give testimony. The time and place must be specified. The rules governing civil and criminal procedure in federal court provide for the subpoena of witnesses, and specify the form and requisites thereof. In the American system there is a fundamental right to be heard in due process of law. This is defined in the Fourteenth Amendment of the United States Constitution. A necessary requisite of due process of law is the opportunity to be heard, in a manner which is meaningful, in front of a forum which has an open mind, and is willing

neg: Tax protester constitutional arguments that the income tax violates the Fifth Amendment right that no person shall be "deprived of life, liberty, or property, without due process of law". However, people can be deprived of life, liberty, or property "with" due process of law — this is what the courts do. Legal commentator Daniel B. Evans describes: Fifth Amendment due process arguments by tax protesters were rejected by the United States Court of Appeals for the Third Circuit in "Kahn v. United States", by the United States Court of Appeals for the Fifth Circuit in "Anderson v. United States", by the United States Court

neg: Criminal law of the United States Criminal law of the United States Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. The federal government and all the states rely on the following. Common law is law developed by judges through legal opinions, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch. A common law crime is thus a crime which was originally defined by judges. Common law crimes no longer exist at the federal level, because of the U.S. Supreme Court's decision in "United States v. Hudson and

neg: Abortion debate Henry II in 11th century England, but has precedent in Anglo-Saxon law. This provision guarantees the right to freedom from arbitrary government interference, as well as due process of law. This conception of the right to privacy is operant in all countries which have adopted English common law through Acts of Reception. The Law of the United States rests on English common law by this means. "Time" has stated that the issue of bodily privacy is "the core" of the abortion debate. "Time" defined privacy, in relation to abortion, as the ability of a woman to "decide what happens to

neg: White Americans include Italians, Greeks, Spaniards, Irish, Swedes, Finns, and Russians. Early on in the United States, membership in the white race was generally limited to those of British, Germanic, or Nordic ancestry. David R. Roediger argues that the construction of the white race in the United States was an effort to mentally distance slave owners from slaves. The process of officially being defined as "white" by law often came about in court disputes over pursuit of citizenship. Critical race theory developed in the 1970s and 1980s, influenced by the language of critical legal studies, which challenged concepts such as objective truth,

neg: Smyth v. Ames overturned in "Federal Power Commission v. Hope Natural Gas Co." Smyth v. Ames Smyth v. Ames, 171 U.S. 361 (1898), also called The Maximum Freight Case, was an 1898 United States Supreme Court case. The Supreme Court voided a Nebraska railroad tariff law, declaring that it violated the Fourteenth Amendment to the United States Constitution in that it takes property without the due process of law. The Court defined the constitutional limits of governmental power to set railroad and utility rates by stating that regulated industries have the right to a "fair return". The ruling was later overturned in "Federal

neg: Smyth v. Ames Smyth v. Ames Smyth v. Ames, 171 U.S. 361 (1898), also called The Maximum Freight Case, was an 1898 United States Supreme Court case. The Supreme Court voided a Nebraska railroad tariff law, declaring that it violated the Fourteenth Amendment to the United States Constitution in that it takes property without the due process of law. The Court defined the constitutional limits of governmental power to set railroad and utility rates by stating that regulated industries have the right to a "fair return". The ruling was later overturned in "Federal Power Commission v. Hope Natural Gas Co." The decision was

neg: Due process of due process of law as it actually existed in cases in which it was customarily used." Ultimately, the scattered references to "due process of law" in English law did not limit the power of the government; in the words of American law professor John V. Orth, "the great phrases failed to retain their vitality." Orth points out that this is generally attributed to the rise of the doctrine of parliamentary supremacy in the United Kingdom, which was accompanied by hostility towards judicial review as an undemocratic foreign invention. Scholars have occasionally interpreted Lord Coke's ruling in "Dr. Bonham's Case"

neg: Due Process Clause because, while technically on U.S. soil, they are not considered to have entered the United States. In the context of the death penalty debate in the United States, it has been argued that since the Constitution explicitly contemplates the death penalty by forbidding it without due process, the death penalty cannot be unconstitutional. The U.S. Supreme Court has interpreted the term "liberty" in the due process clauses broadly: The prohibitions, generally, of the due process clauses apply only to the actions of state actors, and not against private citizens. However, where a private person is acting jointly with state officials

neg: Procedural justice concern for procedural justice is reflected in the Due Process clauses of the United States Constitution. In other common law countries, this same idea is sometimes called natural justice. Natural justice generally binds "both" public and private entities, while the U.S. concept of due process has a "state action" requirement which means it applies only to state actors. But in the U.S., there are analogous concepts like fair procedure which can bind private parties in their relations with others. Procedural justice Procedural justice is the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of

neg: Water law in the United States which gives a water right to whoever first puts water to beneficial use. Colorado, where the prior appropriation doctrine first developed, was generally looked to as the model by other Western states that adopted the prior appropriation doctrine. Water law in the western United States is defined by state constitutions (e.g., Colorado, New Mexico), statutes, and case law. Each state exhibits variations upon the basic principles of the prior appropriation doctrine. Texas and the states directly north of it; the West Coast states, and Mississippi have a mixture of systems. Hawaii uses a form of riparian rights, and Alaska uses

neg: Frameup Frameup In the United States criminal law, a frame-up (frameup) or setup is the act of framing someone, that is, providing false evidence or false testimony in order to falsely prove someone guilty of a crime. While incriminating those who are innocent might be done out of sheer malice, framing is primarily used as a distraction. Generally, the person who is framing someone else is the actual perpetrator of the crime. In other cases it is an attempt by law enforcement to get around due process. Motives include getting rid of political dissidents or "correcting" what they see as the

neg: Mass shootings in the United States perpetrator's death is included. The United States has had more mass shootings than any other country. The majority of perpetrators are white males who act alone, and they generally either die by suicide afterwards or are restrained or killed by law enforcement officers or civilians. There is no fixed definition of a mass shooting in the United States. The Investigative Assistance for Violent Crimes Act of 2012, signed into law by Congress in January 2013, defines a "mass killing" as one resulting in at least 3 victims, excluding the perpetrator. In 2015, the Congressional Research Service defined a mass shooting

neg: Naming law the use of obscenities. Conversely, a few states, such as Kentucky, have no naming laws whatsoever. Courts have interpreted the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the Free Speech Clause of the First Amendment as generally supporting the traditional parental right to choose their children's names. One naming law that some find restrictive is California's ban on diacritical marks, such as in the name José. The Office of Vital Records in the California Department of Public Health requires that names contain only the 26 alphabetical characters of the English language. There is no

neg: Unindicted co-conspirator should not identify unindicted co-conspirators in conspiracy indictments." Unindicted co-conspirator An unindicted co-conspirator (sic), or unindicted conspirator, is a person or entity that is alleged in an indictment to have engaged in conspiracy, but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns. The "United States Attorneys' Manual" generally recommends against naming unindicted co-conspirators, although their use is not generally prohibited by law or policy. Some commentators have raised due-process concerns over the use of unindicted co-conspirators. Although there

neg: Unindicted co-conspirator Unindicted co-conspirator An unindicted co-conspirator (sic), or unindicted conspirator, is a person or entity that is alleged in an indictment to have engaged in conspiracy, but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns. The "United States Attorneys' Manual" generally recommends against naming unindicted co-conspirators, although their use is not generally prohibited by law or policy. Some commentators have raised due-process concerns over the use of unindicted co-conspirators. Although there have been few cases on the subject, the

neg: Substantive due process called intermediate scrutiny, but it is used primarily in Equal Protection cases, rather than in Due Process cases: "The standards of intermediate scrutiny have yet to make an appearance in a due process case." To pass intermediate scrutiny, the challenged law must further an important government interest by means that are substantially related to that interest. Substantive due process In United States constitutional law, substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. Courts have

neg: Due process was ultimately freed by Queen Anne when she prorogued Parliament. Throughout centuries of British history, many laws and treatises asserted various requirements as being part of "due process" or included in the "law of the land". That view usually held in regards to what was required by existing law, rather than what was intrinsically required by due process itself. As the United States Supreme Court has explained, a due process requirement in Britain was not "essential to the idea of due process of law in the prosecution and punishment of crimes, but was only mentioned as an example and illustration

neg: Censorship in the United States wants to crush the magazines before they publish information which could send quite a few officials of the department to jail," and former Department of Energy official Stephen Dean, who said that the government's actions were "a gross abuse of the legal system—a violation of due process." Under Florida Governor Rick Scott, the usage of the term 'climate change' was limited. A law passed by the U.S. Congress in 1977 penalizes all U.S. persons, defined to include individuals and companies located in the United States and their foreign affiliates, from supporting the boycott of Israel and provides penalties for those

neg: Arbitration in the United States grounds ("e.g.", fraud). These protections for arbitrator awards are premised on the union-management system, which provides both parties with due process. Due process in this context means that both parties have experienced representation throughout the process, and that the arbitrators practice only as neutrals. "See" National Academy of Arbitrators. In the United States securities industry, arbitration has long been the preferred method of resolving disputes between brokerage firms, and between firms and their customers. The arbitration process operates under its own rules, as defined by contract. Securities arbitrations are held primarily by the Financial Industry Regulatory Authority. The securities industry

neg: Capital punishment in the United States "capital crime" and a due process of law for deprivation of "life" by the government. The Fourteenth Amendment adopted in 1868 also requires a due process of law for deprivation of life by any states. The "Espy file", compiled by M. Watt Espy and John Ortiz Smykla, lists 15,269 people executed in the United States and its predecessor colonies between 1608 and 1991. From 1930 to 2002, there were 4,661 executions in the U.S., about two-thirds of them in the first 20 years. Additionally, the United States Army executed 135 soldiers between 1916 and 1955 (the most recent). Three states

neg: United States Congress due process, and equal protection under the law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland, have effectively widened the

neg: Civil confinement the inmate has at least a serious lack of ability to control his behavior. "Kansas v. Crane" 534 U.S. 407 (2002). The Supreme Court has also determined that Congress has the authority to pass a similar law affecting federal prisoners. "United States v. Comstock", 560 U.S. 126 (2010). Twenty states have civil commitment facilities, as of 2018. As with civil commitment generally, civil confinement is a controversial implementation of state power. Detractors point to the prospect of indefinite detention without due process of law. Proponents cite public safety. State legislatures who have decided to adopt civil confinement statutes have expressed

neg: Fifth Amendment to the United States Constitution Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court has interpreted the due process clauses to provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights. The Supreme Court has held that the federal government and each state has

neg: General-law municipality General-law municipality In the systems of local government in some U.S. states, a general-law municipality, general-law city, or statutory city is a municipality whose government structure and powers are defined by the general law of its state. This is contrast to a charter city or home-rule city, whose government structure and powers are defined by a municipal charter. States may allow only general-law municipalities, only charter municipalities, or both. In states having both, general-law municipalities generally have less autonomy than charter municipalities do. Five states do not allow municipal charters, meaning that every municipality is a general-law municipality. Other states

neg: Stochastic process after Norbert Wiener, who proved its mathematical existence, but the process is also called the Brownian motion process or just Brownian motion due to its historical connection as a model for Brownian movement in liquids. Playing a central role in the theory of probability, the Wiener process is often considered the most important and studied stochastic process, with connections to other stochastic processes. Its index set and state space are the non-negative numbers and real numbers, respectively, so it has both continuous index set and states space. But the process can be defined more generally so its state space can

neg: Workers' compensation (United States) law covering federal employees was passed in 1906. (See: FELA, 1908; FECA, 1916; Kern, 1918.) By 1949, every state had enacted a workers' compensation program. At the turn of the 20th century workers' compensation laws were voluntary. An elective law made passage easier and some argued that compulsory workers' compensation laws would violate the 14th amendment due process clause of the U.S. Constitution. Since workers' compensation mandated benefits without regard to fault or negligence, many felt that compulsory participation would deprive the employer of property without due process. The issue of due process was resolved by the United States Supreme

neg: Copyright law of the United States be] applied … on a painter’s canvas,' the test for copyrightability is met." Works created by the federal government are not copyrightable. . This restriction on copyright applies to publications produced by the United States Government, and its agents or employees within the scope of their employment. The specific language is as follows: A "work of the United States Government" is defined in as work prepared by an officer or employee of the United States Government as part of that person's official duties. Note that government contractors are generally not considered employees, and their works may be subject to copyright.

neg: Powers of the United States Congress of all citizens regardless of race, including voting rights, due process, and equal protection under the law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers, which derive from the Necessary and Proper Clause of the Constitution and permit Congress "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate

neg: Patterson v. New York Patterson v. New York Patterson v. New York, 432 U.S. 197 (1977), is a legal case heard by the United States Supreme Court regarding the constitutionality under the Fourteenth Amendment's Due Process Clause of burdening a defendant with proving the affirmative defense of extreme emotional disturbance as defined by New York law. The court found that the State of New York had reclassified provocation ("extreme emotional disturbance") as an excuse (an affirmative defense requiring proof by preponderance of the evidence), rather than a circumstance negating the mental element (mens rea) which the prosecution had to prove beyond a reasonable doubt,

neg: General-law municipality municipalities are classified by population as type A, B, or C, with different options for their forms of government. General-law municipality In the systems of local government in some U.S. states, a general-law municipality, general-law city, or statutory city is a municipality whose government structure and powers are defined by the general law of its state. This is contrast to a charter city or home-rule city, whose government structure and powers are defined by a municipal charter. States may allow only general-law municipalities, only charter municipalities, or both. In states having both, general-law municipalities generally have less autonomy than charter

neg: Timbs v. Indiana ratified the Fourteenth Amendment which included the Due Process Clause, "[N]or shall any State deprive any person of life, liberty, or property, without due process of law". Since its ratification, the United States Supreme Court has followed the doctrine of incorporation, that generally, all Constitutional rights must also be respected at state and local levels across a range of Constitutional rights, with the last such ruling on the topic of incorporation made in "McDonald v. City of Chicago" (2010) relating to the Second Amendment. The Court has only carved out specific exceptions to the doctrine for certain judicial procedural matters.

neg: The Lexington Principles on the Rights of Detainees Washington and Lee University School of Law. The Transnational Legal Process approach required the group to focus on vertical process throughout all stages of norm definition. The result was the creation of an innovative conceptual framework based on the familiar common law due process paradigm. Accordingly, the bulk of detainee rights under international law are categorized into one of three groups: The term "due process" is unique to common law legal systems, and is not generally found in the text of international human rights and humanitarian law treaties. Due process is a powerful concept at common law, so it was

neg: Connally v. General Construction Co. the sections provided for violation of the 5th amendment rights of the employers, by not specifically defining what was and wasn't punishable; this ruling is particularly famous for furthering the scope of the vagueness doctrine. Connally v. General Construction Co. Connally v. General Construction Co., 269 U.S. 385 (1926), was a United States Supreme Court case in which the Court expanded and established key constructs of the Fifth Amendment's due process doctrine. It defined necessary requirements that are fundamental to any law, which, when lacking, are to be deemed void. The case was a dispute regarding Oklahoma state statutes, which,

neg: Education in the United States defined by the law. All students with special needs are entitled to a free and appropriate public education (FAPE). Schools meet with the parents or guardians to develop an Individualized Education Program that determines best placement for the child. Students must be placed in the least restrictive environment (LRE) that is appropriate for the student's needs. Public schools that fail to provide an appropriate placement for students with special needs can be taken to due process wherein parents may formally submit their grievances and demand appropriate services for the child. Nationwide, 62% of students with disabilities attending public schools graduate

neg: The Lexington Principles on the Rights of Detainees nearly as extensive as those offered to U.S. citizens in the United States, but at a minimum they would ensure that the most fundamental due process rights are always afforded in all instances where a human being is detained by the U.S. government for any reason anywhere in the world. Physical liberty is a fundamental human right and may not be denied to any person without due process of law. The fundamental protections inherent in the right to due process of law are universal and apply in all situations where a person has been detained by a State or its

neg: Composition of matter Composition of matter In United States patent law, a composition of matter is one of the four principal categories of things that may be patented. The other three are a process (also termed a method), a machine, and an article of manufacture. In United States patent law, that same terminology has been in use since the first patent act in 1790 (with the exception that processes were formerly termed "arts"). The United States Supreme Court has defined "composition of matter" to mean "all compositions of two or more substances and all composite articles, whether they be the results of chemical

neg: Tort law in Australia Generally, torts are not defined within specific statutes or legislation and have evolved through judge-made law, or common law. However, each state has also created statutes to override the common law, especially in the areas of negligence, personal injuries and defamation, where that has proven necessary. Australian tort law is heavily influenced by the common law in other countries, principally the United Kingdom, by virtue of Australia's colonial heritage. However, this has since been modified by statutes such as the various states' Civil Liabilities Acts. There is also a strong and recent trend for the Australian High Court to cite

neg: Ius the distinction between the English terms justice and legislation. This division persists through various regimes of civil law such as in the Fourteenth Amendment of the United States Constitution, which distinguishes “due process of law” (singular, as in "ius") from “equal protection of the laws” (plural, as in "leges"). "Ius" as the law was generally the domain of Roman aristocrats, from whose ranks the magistrates were chosen and who often defended clients in court. On a more practical basis, the populace of Rome daily encountered the primary meaning of "ius". They understood that they had rights. Furthermore, these rights could

neg: Employment discrimination law in the United States to the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth Amendment has an explicit requirement that the federal government does not deprive individuals of "life, liberty, or property", without due process of the law. It also contains an implicit guarantee that the Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. In the employment context, these Constitutional provisions would limit the right of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of

neg: Member states of the United Nations sovereignty, mainly due to the lack of international recognition or due to opposition from one of the permanent members. In addition to the member states, the UN also invites non-member states to become observers at the UN General Assembly (currently two: the Holy See and Palestine), allowing them to participate and speak in General Assembly meetings, but not vote. Observers are generally intergovernmental organizations and international organizations and entities whose statehood or sovereignty is not precisely defined. The UN officially came into existence on 24 October 1945, after ratification of the United Nations Charter by the five permanent members of

neg: Social Security (United States) in private equities, although some other countries (such as Canada) and some states permit their pension funds to invest in private equities. As a universal system, Social Security generally operates as a pipeline, through which current tax receipts from workers are used to pay current benefits to retirees, survivors, and the disabled. When there is an excess of taxes withheld over benefits paid, by law this excess is invested in Treasury securities (not in private equities) as described above. Two broad categories of private pension plans are "defined benefit pension plans" and "defined contribution pension plans." Of these two, Social

neg: Great pond (law) open for fishing and boating, including providing reasonable access to the pond, except for reservoirs. In New Hampshire, public waters are defined by common law to include all natural ponds of more than . In addition to the common law definition of great ponds, similar definitions can be found in the New Hampshire Revised Statutes Annotated, for example, in the Wetlands Act, RSA 482-A:21. Great pond (law) A great pond in the United States is a pond or lake that is held in trust by the state for public use. Generally, any natural body of water that is larger than

neg: City of Chicago v. Morales Supreme Court held that the ordinance violated due process of law in that it is impermissibly vague on its face and an arbitrary restriction on personal liberties." The United States Supreme Court affirmed the Supreme Court of Illinois' judgment. The only issue on "certiorari" was whether the ordinance was unconstitutionally vague, either on its face or as applied, in violation of "the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution." The United States Supreme Court held in this case that a law cannot be so vague that a person of ordinary intelligence cannot figure out what is

neg: Rendition (law) that extraordinary rendition is a violation of Article 3 of the United Nations Convention Against Torture (UNCAT), because suspects are taken to countries where torture during interrogation remains common, thus circumventing the protections the captives would enjoy in the United States or nations who abide by the terms of UNCAT. Its legality remains highly controversial, as the United States outlaws the use of torture, and the U.S. Constitution guarantees due process. Rendered suspects are denied due process because they are arrested without charges, deprived of legal counsel, and illegally transferred to a third world country with the intent and purpose

neg: County (United States) important officials are elected separately from the board of commissioners or supervisors and cannot be fired by the board. These positions may include county clerk, county treasurer, county surrogate, sheriff, and others. District attorneys or state attorneys are usually state-level as opposed to county-level officials, but in many states, counties and state judicial districts have coterminous boundaries. The structure and powers of a county government may be defined by the general law of the state or by a charter specific to that county. States may allow only general-law counties, only charter counties, or both. Generally, general-law local governments have less

neg: Food grading the Commonwealth and the United States. European Bitterness Units scale, often abbreviated as EBU, is a scale for measuring the perceived bitterness of beer, with lower values being generally "less bitter" and higher values "more bitter". The scale and method are defined by the European Brewery Convention, and the numerical value should be the same as of the International Bitterness Units scale (IBU), defined in co-operation with the American Society of Brewing Chemists. However, the exact process of determining EBU and IBU values differs slightly, which may in theory result with slightly smaller values for EBU than IBU. The International

neg: Private transfer fee by filing an affidavit in the real property records attesting that the covenant-holder either did not respond to a request for a written statement of the amounts due, or accept a payment, within 30 days. However, this has every indication of being a denial of due process. The Fifth Amendment to the United States Constitution states that "[n]o person shall ... be deprived of ... property, without due process of law." Numerous state constitutions also include “due process” protections. Due Process review requires a two-step analysis. First, was a person deprived of a constitutionally-protected interest in life, liberty, or property.

neg: Same-sex marriage in the United States a state to recognize a marriage established in another jurisdiction argue on the basis of equal protection and due process, not the full faith and credit clause. DOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman. It was challenged in the federal courts. On July 8, 2010, Judge Joseph Tauro of the District Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples is unconstitutional under the equal protection clause of the U.S. Constitution. Beginning in 2010, eight federal courts found

neg: Connally v. General Construction Co. Connally v. General Construction Co. Connally v. General Construction Co., 269 U.S. 385 (1926), was a United States Supreme Court case in which the Court expanded and established key constructs of the Fifth Amendment's due process doctrine. It defined necessary requirements that are fundamental to any law, which, when lacking, are to be deemed void. The case was a dispute regarding Oklahoma state statutes, which, in essence vaguely required businesses to pay workers not less than the ""current rate of per diem wages in the locality where the work is performed"". The ruling determined that the standards set in place

neg: Transgender legal history in the United States Pensions. In 2009, due to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act being signed into law, the definition of a federal hate crime was expanded to include those violent crimes in which the victim is selected due to their actual or perceived gender or gender identity. Previously federal hate crimes were defined as only those violent crimes where the victim is selected due to their race, color, religion, or national origin. "O'Donnabhain v. Commissioner" 134 T.C. No. 4 is a case decided by the United States Tax Court in 2010. The issue for the court was

neg: The Lexington Principles on the Rights of Detainees liberty is a fundamental human right and may not be denied to any person without due process of law.". The Transnational Incorporation Doctrine, first developed for the Lexington Principles, asserts that there are some principles of international law that are so fundamental to accepted global standards of justice that they should be implied as part the right to due process of law under the Fifth Amendment to the U.S. Constitution. This is a new progressive theory that has yet to be adopted by the United States Supreme Court. The theory was constructed by the professors drafting the Lexington Principles as

neg: Sheriffs in the United States the Supreme Court of the United States. In Alabama, a sheriff is an elected official and the chief law enforcement officer in any given county. There is one sheriff for each of Alabama's 67 counties, with a varying number of deputies and various staff members (usually dependent on the population). A sheriff's office generally provides law-enforcement services to unincorporated towns and cities within the boundaries of the counties. The office of sheriff does not exist in Alaska by the State's Constitution. Instead the functions that would be performed by lower-48 sheriffs and their deputies (such as civil process, court security,

neg: Arbitration in the United States Arbitration in the United States Arbitration, in the context of United States law, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some context, an arbitrator may be described as an umpire. Agreements to arbitrate were not enforceable at common law, traced

neg: Rulemaking rule generally the rule is effective no less than thirty days after the date of publication in the Federal Register. If the agency wants to make the rule effective sooner, it must cite "good cause" (persuasive reasons) as to why this is in the public interest. Significant rules (defined by Executive Order 12866) and major rules (defined by the Small Business Regulatory Enforcement Fairness Act ) are required to have a 60 day delayed effective date. Most modern rulemaking authorities have a common law tradition or a specific basic law that essentially regulates the regulators, subjecting the rulemaking process to

neg: Model Business Corporation Act Model Business Corporation Act The Model Business Corporation Act (MBCA) is a model set of law prepared by the Committee on Corporate Laws of the Section of Business Law of the American Bar Association and is followed by twenty-four states. It has been influential in shaping standards for United States corporate law. The MBCA was created after World War II in 1950 due to variation in how states defined corporations. The variation and uncertainty resulted in many lawsuits in which a promoter was sued personally for obligations ostensibly incurred in the name of the nascent corporation. The widespread adoption of

neg: English defamation law English defamation law Modern libel and slander laws, as implemented in many (but not all) Commonwealth nations as well as in the United States and in the Republic of Ireland, are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the reign of Edward I (1272–1307), though it is unknown whether any generally applicable criminal process was in place. The first fully reported case in which libel is affirmed generally to be punishable at common law was tried during

neg: Due process term 'due process of law' in the general body of English legal writing... Today one finds no space devoted to due process in Halsbury's "Laws of England", in Stephen's "Commentaries", or Anson's "Law and Custom of the Constitution." The phrase rates no entry in such works as Stroud's "Judicial Dictionary" or Wharton's "Law Lexicon." Two similar concepts in contemporary English law are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others.

neg: Sheriffs in the United States process directed to him by legal authority, including writs of replevin, attachments and final process issued by circuit and associate circuit judges." Generally, the sheriff is responsible for police patrol in unincorporated areas of the county, but retains full jurisdiction within the entire county. Generally, city or village police handle general law enforcement duties in incorporated areas. In addition, the sheriff is responsible for court security, serving court documents, operating the jail (some jurisdictions have separate county correctional departments), executing warrants, issuing concealed weapon carry permits, and other duties. In the Independent City of St. Louis, the sheriff's duties include

neg: Cheque truncation over the next few years, but progress was mixed due to the decline in the use of cheques generally in favour of electronic payment systems. Some countries decided that the effort to implement truncation could not be justified for a declining payment method, and instead phased out the use of cheques altogether. In 2004, the United States enacted the Check 21 Act to authorize cheque truncation by the conversion of an original paper check into an electronic image for presentation through the clearing process. The law also enacted the recognition and acceptance of a “substitute check" created by a financial

neg: Extradition law in the United States Extradition law in the United States Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial, punishment, or rehabilitation. For foreign countries, the process is regulated by treaty and conducted between the federal government of the United States and the government of a foreign country. The process is considerably different from interstate or intrastate extradition. Florida, Alaska, and Hawaii do not extradite for a misdemeanor conviction that was convicted in the US, as of 2010. Some felonies are an exception in American

neg: Civil forfeiture in the United States Civil forfeiture in the United States Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture or occasionally civil seizure, is a legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and "property" such as a pile of cash or a house or a boat, such that the thing is suspected of being involved

neg: Competence (law) need a legal guardian to handle their affairs. In United States law, the right to not be prosecuted while one is incompetent to stand trial has been ruled by the United States Supreme Court to be guaranteed under the due process clause. If the court determines that a defendant's mental condition makes him unable to understand the proceedings, or that he is unable to help in his defense, he is found incompetent. The competency evaluation, as determined in "Dusky v. United States", is whether the accused "has sufficient present ability to consult with his lawyer with a reasonable degree of

neg: Water pollution in the United States Water pollution in the United States Since the 1960s, water quality in surface water bodies in the United States has generally improved, due to the implementation of the 1972 Clean Water Act. However, many water bodies are still being polluted from one or more categories of sources, which may include agriculture, industry, or urban runoff. Since the passage of the 1972 Clean Water Act (CWA), the levels of water pollution in the United States generally have experienced a dramatic decrease. The law has resulted in much cleaner waterways than before the law was implemented. However, more than half of U.S.

neg: Tax protester has been defined as "any scheme, without basis in law or fact, designed to express dissatisfaction with the tax laws by interfering with their administration or attempting to illegally avoid or reduce tax liabilities." The United States Tax Court has stated that "tax protester" is a designation "often given to persons who make frivolous antitax arguments". Tax protesters raise a number of different kinds of arguments. In the United States, these typically include constitutional arguments, such as claims that the Sixteenth Amendment to the Constitution was not properly ratified or that it is unconstitutional generally, or that being forced to

neg: Frisbie v. Collins to this case is the fact that something was added to due process; “shocks of conscience.” The limitation is explaining that it is no longer under due process if the action “seems grossly unjust to the observer.” Explaining that if the abduction is accompanied by some sort of aggressive and torturous action, like for Toscanino, then it does in fact go against due process of law. There are two recent cases that are related to the "Frisbie v Collins" case, in that the Ker Frisbie Doctrine apply. The first of them being "United States v. Yunis", which was decided in

neg: Demurrer however, the pleading has been discontinued in many jurisdictions, including the United Kingdom, the U.S. federal court system, and most U.S. states (though some states, including California, Pennsylvania, and Virginia, retain it). In criminal cases, a demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead "not guilty," or make any other pleading in response, without having to admit or deny any of the facts alleged. A demurrer generally "assumes" the truth of all material facts alleged in the complaint and the defendant cannot present evidence to the contrary,

neg: Anglophile America was due to the emergence of an ordered society, not based on land and birth as in the novels, but based on a "hierarchy of leisure and consumption", where class is "status conferred by money", in short a society much like the modern United States. Irvine argued that Americans generally do not like discussing the subject of class, as it suggests that the United States is not entirely living up to its egalitarian, meritocratic ideals, and in this respect, Austen films depict a world defined by class positively, while at the same time being specifically foreign enough and far

neg: Memorandum opinion areas of well-settled law or where a particular set of facts may create imprudent case law. Memorandum opinion Under United States legal practice, a memorandum opinion is usually unpublished and cannot be cited as precedent. It is formally defined as: "[a] unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court's conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law." Generally, memorandum opinions follow ordinary rules, including the application of precedent and the rule of "stare decisis". However, in many

neg: Renewed judgment as a matter of law jury began deliberations. Seventh Amendment due process concerns demand this formality, as decided by the United States Supreme Court in "Baltimore & Carolina Line, Inc. v. Redman", 295 U.S. 654 (1935). Renewed judgment as a matter of law In the United States courts, renewed judgment as a matter of law is a party's second chance at a judgment as a matter of law (JMOL) motion. Renewed JMOL is decided after a jury has returned its verdict, and is a motion to have that verdict altered. In US federal courts this procedure has replaced judgment notwithstanding the verdict (JNOV) through Rule

neg: Bi-Metallic Investment Co. v. State Board of Equalization Bi-Metallic Investment Co. v. State Board of Equalization Bi-Metallic Investment Co. v. State Board of Equalization, 239 U.S. 441 (1915), was a United States Supreme Court case which held that due process protections attach only to administrative activities in which a small number of people are concerned, who are exceptionally affected by the act, in each case upon individual grounds. By contrast, rule-making or quasi-legislative activities that affect a large number of people without regard to the facts of individual cases do not implicate due process protections. It is an important case in United States administrative law. The State Board

neg: Brownsville affair 25th Infantry were innocent and that they were discharged without benefit of due process of law as guaranteed by the United States Constitution. After reading his book, Congressman Augustus F. Hawkins of Los Angeles introduced a bill to have the Defense Department re-investigate the matter to provide justice to the accused soldiers. In 1972, the Army found the accused members of the 25th Infantry to be innocent. At its recommendations, President Richard Nixon pardoned the men and awarded them honorable discharges, without backpay. These discharges were generally issued posthumously, as there were only two surviving soldiers from the affair: one

neg: 2004 United States presidential election The report reads: "The November 2, 2004 elections in the United States mostly met the OSCE commitments included in the 1990 Copenhagen Document. They were conducted in an environment that reflects a long-standing democratic tradition, including institutions governed by the rule of law, free and generally professional media, and a civil society intensively engaged in the election process. There was exceptional public interest in the two leading presidential candidates and the issues raised by their respective campaigns, as well as in the election process itself." Earlier, some 13 U.S. Representatives from the Democratic Party had sent a letter to United

neg: Sudbury school a set procedure to handle complaints, and most of the schools follow guidelines that respect the idea of due process of law. There are usually rules requiring an investigation, a hearing, a trial, a sentence, and allowing for an appeal, generally following the philosophy that students face the consequences of their own behavior. The Sudbury pedagogical philosophy may be summarized as the following: Learning is a natural by-product of all human activity. Learning is self-initiated and self-motivated. The educational model states that there are many ways to learn and that learning is a process someone does, not a process that

neg: Farrington v. Tokushige Farrington v. Tokushige Farrington v. Tokushige, 273 U.S. 284 (1927), was a case in which the Supreme Court of the United States unanimously struck down the Territory of Hawaii's law, making it illegal for schools to teach foreign languages without a permit, as it violated the due process clause of the Fifth Amendment. Violation of the due process clause under the 14th Amendment was not considered as Hawaii was a territory of the United States at the time. The Court unanimously affirmed the lower court's decision: The Court stated that "owners, parents and children" are guaranteed rights by the due

neg: Definitions of whiteness in the United States Definitions of whiteness in the United States The legal and social strictures defining white Americans, and distinguishing them from persons not considered white by the government and society, have varied throughout U.S. history. By the 18th century, "white" had become well established as a racial term at a time when slavery of African-Americans was widespread. David R. Roediger has argued that the construction of the "white race" in the United States was an effort to mentally distance slaveowners from slaves. The process of officially being defined as white by law often came about in court disputes over pursuit of citizenship.

neg: Due Process Clause deprive citizens of their rights to due process. If an average person cannot determine who is regulated, what conduct is prohibited, or what punishment may be imposed by a law, courts may find that law to be void for vagueness. See "Coates v. Cincinnati", where the word "annoying" was deemed to lack due process insertion of fair warning. Incorporation is the legal doctrine by which the Bill of Rights, either in full or in part, is applied to the states through the Fourteenth Amendment's due process clause. The basis for incorporation is substantive due process regarding substantive rights enumerated elsewhere

neg: Installment sale Installment sale In United States income tax law, an installment sale is generally a "disposition of property where at least 1 loan payment is to be received after the close of the taxable year in which the disposition occurs." The term "installment sale" does not include, however, a "dealer disposition" (as defined in the statute) or, generally, a sale of inventory. The installment method of accounting provides an exception to the general principles of income recognition by allowing a taxpayer to defer the inclusion of income of amounts that are to be received from the disposition of certain types of

neg: Denturist the world and currently utilized in many countries including Australia, New zealand, United States, United Kingdom and Canada. In the United States, denturism is only legislated and practiced in 7 states (Maine, Arizona, Idaho, Montana, Washington, Oregon, and Colorado). However, in Australia, the United Kingdom and Canada, all states, provinces and territories recognize the profession. The criteria and training to become a denturist vary by country and region, however after completion of required prerequisites generally the process takes 2-3 years and the qualification ranges from a Diploma to a Masters Degree. Due to the diversity in training, the scope of

neg: Judicial estoppel Judicial estoppel In the practice of law, judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel that precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings. Although, in the United States, it is only a part of common law and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it. Judicial estoppel is a doctrine that may apply in matters involving closed

neg: Immigration Voice Immigration Voice Immigration Voice is a 501(c)(4) nonprofit organization working to alleviate problems faced by legal high-skilled foreign workers in the United States, including delays due to visa number unavailability for certain employment-based categories, delays due to United States Citizenship and Immigration Services processing backlogs, and delays due to Labor Certification Application backlogs. Immigration Voice works to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. Immigration Voice is a 501(c)(4) non-profit organization that helps immigrants, legislative and executive branches of government solving problems in the employment with the green card process due

neg: Intertidal zone and high water. Other states such as California use the high-water mark. In the United Kingdom, the foreshore is generally deemed to be owned by the Crown although there are notable exceptions, especially what are termed "several fisheries", which can be historic deeds to title, dating back to King John's time or earlier, and the Udal Law, which applies generally in Orkney and Shetland. In Greece, according to the L. 2971/01, the foreshore zone is defined as the area of the coast that might be reached by the maximum climbing of the waves on the coast (maximum wave run-up on

neg: Tax protester arguments the below-mentioned conspiracy theories appear to predominate. Some protesters have claimed that statutes enacted by the United States Congress pursuant to its constitutional taxing power are defective, invalid (see e.g., the Irwin Schiff quote below), or that the statutes are misapplied by the Internal Revenue Service (IRS), the courts, lawyers, Certified Public Accountants (CPAs), law professors, and legal experts generally, and that the tax "protesters" are not liable for tax under the law (see below). Other protesters have argued that the term "income" is not defined in the Internal Revenue Code or the Constitution, and that the tax law should

neg: Twining v. New Jersey were actually violated in the original trial. The majority opinion was delivered by Justice William Henry Moody. Justice John Marshall Harlan was the lone dissenter. Moody considered both the Privileges or Immunities Clause and the Due Process Clause of the Fourteenth Amendment: "The general question, therefore, is whether such a law violates the Fourteenth Amendment either by abridging the privileges or immunities of citizens of the United States or by depriving persons of their life, liberty or property without due process of law." The court cited the decision in the "Slaughter-House Cases" that the language in the Fourteenth Amendment ("No

neg: Software engineering and development center headquartered on the campus of Carnegie Mellon University in Pittsburgh, Pennsylvania, United States. Watts Humphrey founded the SEI Software Process Program, aimed at understanding and managing the software engineering process. The Process Maturity Levels introduced would become the Capability Maturity Model Integration for Development(CMMI-DEV), which has defined how the US Government evaluates the abilities of a software development team. Modern, generally accepted best-practices for software engineering have been collected by the ISO/IEC JTC 1/SC 7 subcommittee and published as the Software Engineering Body of Knowledge (SWEBOK). Software engineering can be divided into sub-disciplines. Some of them are:

neg: Martin Garbus Martin Garbus Martin Garbus (born August 8, 1934) is an American attorney. He has argued cases throughout the country involving constitutional, criminal, copyright, and intellectual property law. He has appeared before the United States Supreme Court, as well as trial and appellate courts throughout the United States. He has argued and written briefs that have been submitted to the United States Supreme Court; a number of which have resulted in changes in the law on a nationwide basis, including one described by Justice William Brennan as "probably the most important due process case in the Twentieth Century". An international observer

neg: United States Office of Special Counsel or a substantial and specific danger to public health or safety. The Special Counsel is authorized to receive such disclosures of wrongdoing, but it lacks jurisdiction over PPPs committed against employees of the Central Intelligence Agency, Defense Intelligence Agency, National Security Agency, and certain other intelligence agencies found at 5 U.S.C. §2302(a)(2)(C)(ii). OSC's primary mission is to protect federal employees and others from "prohibited personnel practices." Those practices, defined by law at § 2302(b) of Title 5 of the United States Code (U.S.C.), generally stated, provide that a federal employee may not take, direct others to take, recommend or approve

neg: Transformation (law) Transformation (law) In United States copyright law, transformation is a possible justification that use of a copyrighted work may qualify as fair use, i.e., that a certain use of a work does not infringe its holder's copyright due to the public interest in the usage. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. In United States patent law the term also refers to the test set in In re Bilski: that

neg: Nuclear law should take the form of: (a) Basic principles adopted as generally applicable law and binding on all persons and organizations; (b) Technical requirements (including regulations, guidelines and recommendations) that are not generally applicable and are made binding on specific persons or organizations by the regulatory authority or through specific licence conditions, binding only on the licence holder. 7-2. The legislative process of nuclear law has to take into account the following : The nuclear security and safety culture, defined as: Although nuclear law cannot itself create a nuclear safety culture, poor legal arrangements can impede the development and strengthening of

neg: Homeschooling in the United States restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized...as essential to the orderly pursuit of happiness by free men." In Meyer, the Court held that a 1919 Nebraska law prohibiting the teaching of foreign languages to school children before high school unconstitutionally violated the Due Process clause of the Fourteenth Amendment. Many other Court rulings have established

neg: Natural justice United Nations Act 1946 for the making of the Order. The right to a fair hearing is also referred to in Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms, which states: Article 6 does not, however, replace the common law duty to ensure a fair hearing. It has been suggested that Article 6 alone is not enough to protect procedural due process, and only with the development of a more sophisticated common law will the protection of procedural due process extend further into the administrative machine. Nonetheless, Article 6 supplements the common law. For example, the

neg: Immigration detention in the United States refugees and asylum seekers, and ignore both domestic and international laws of due process. The intent behind a grievance procedure is meant to keep detention officials in check and prevent their abuse of power. However, reports have shown that detainees have been denied the chance to file a grievance, and for those who are given the opportunity, it is often ignored or overlooked. This is a direct violation of international law as grievances are meant to be guaranteed to such individuals detained under international law. Due process is arguably the most evident concern of immigrant detention violations. International law requires

neg: Obiter dictum future cases. The most notable instance of such an occurrence is the history of the famous Footnote 4 to "United States v. Carolene Products Co." (1938), which while rejecting use of the Due Process Clause to block most legislation suggested that the clause might be applied to strike down legislation dealing with questions of "fundamental right". This "obiter dictum" is generally considered to have led to the doctrine of strict scrutiny (and subsequently intermediate scrutiny) in racial-, religious-, and sexual-discrimination cases, first articulated in "Korematsu v. United States" (1944). The judgment of "Korematsu v. United States" was itself condemned by

neg: Southern United States collective identity and Southern distinctiveness are thus declining, particularly when defined against "an earlier South that was somehow more authentic, real, more unified and distinct". The process has worked both ways, however, with aspects of Southern culture spreading throughout a greater portion of the rest of the United States in a process termed "Southernization". The question of how to define the subregions in the South has been the focus of research for nearly a century. As defined by the United States Census Bureau, the Southern region of the United States includes sixteen states. As of 2010, an estimated 114,555,744 people,

neg: North America formally defined by the UN Statistics Division. The term "North America" maintains various definitions in accordance with location and context. In Canadian English, "North America" generally refers to the land mass as a whole consisting of Mexico, the United States, and Canada, although it is generally ambiguous which other countries are included, and is mostly defined by context. In the United States of America, usage of the term may refer only to Canada and the USA, and sometimes includes Greenland and Mexico (as in the North American Free Trade Agreement), as well as offshore islands. In France, Italy, Portugal, Spain,