User:Jaredscribe/Comparative law

w:Template:Judicial remedies w:Template:Evidence law w:Template:Criminal law w:Template:US fed civ pro

Natural law, List of ancient legal codes, Comparative law, Nicomachean Ethics, Politics, Noahide covenant, Ancient_Egypt#Legal_system, Code of Ur-Nammu, Code of Hammurabi, Mosaic law, Laws of Solon, Draconian constitution, Law of the Twelve Tables, Corpus Juris Civilis. Code of Justinian, Institutes, Digest, Magna Carta, Common law, List of Latin legal terms. Equal Justice under law - Noachide Covenant Source Sheet

English Bill of Rights of 1689, Acts of Union 1707, Constitution of the United Kingdom, Constitution française de 1791

Virginia Bill of Rights, US Bill of Rights

Constitution of Oregon - source, Constitution of California - source

William Blackstone's Commentaries on the Laws of England.

Hugo Grotius's : De jure belli ac pacis (On the Law of War and Peace), and the Mare Liberum

Model Penal Code - ALI

Forum and Jurisdiction
choice of law, conflict of laws: lex causae should be determined by the locus in quo "place in which". Lex loci, Lex loci delictus

Characterisation (law)

Incidental question

Renvoi

Enforcement of foreign judgments, Dépeçage

private-law

Although the Multnomah County Circuit Court has personal and territorial jurisdication, it does not have subject matter jurisdiction, therefore is a forum non conveniens.

American Bar Association Model Rules of Professional Conduct

Law school, American Bar Association, Oregon State Bar

Arraignment, Pleadings, Defense (legal)
Demurrer: affirmative defense: justification (jurisprudence), necessity (criminal law), defense of property, self-defense. Else mistake of law that a reasonable person might make.

Secret trials violate open court principle guaranteed by the Sixth Amendment to the United States Constitution, which guarantees public trial and assistance of counsel. "Justice is not a cloistered virtue" Gideon v. Wainwright, Ineffective assistance of counsel, Strickland v. Washington.

SCOTUS has incorporated and applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

Criminal procedure in the United States

Pretrial conference

preliminary hearing

pre-trial motions

Capacity to litigate, Competence, and Insanity defense
Psychiatry's Incurable Hubris, Pathologizing Dissent

User:Jaredscribe/Psychodynamic theory

User:Jaredscribe/Psycholysis

A NHS Trust v ST & Ors [2023 EWCOP 40 ]

Case summary Judge Roberts:  'The question which I must answer in the light of this evidence is whether ST is thereby rendered unable to make a decision in relation to her medical care because of an impairment of, or disturbance in the functioning of, her mind or brain.'

She is satisfied it is the case here because, broadly, of the trauma suffered by ST by admission to, and long stay in hospital, and her fear of dying. Given the decision ST lacked capacity to decide on her medical treatment, it followed she also lacked litigation capacity.

Trial and Argumentation
Must be concurrence between Actus reus and mens rea, except where there is strict liability. inchoate offense.

Witness, direct examination, cross-examination, impeachment, rehabilitation Objection_(argument), argument map

falsus in uno, falsus in omnibus

Civil and Appellate
Declaratory judgement,

Article III Case or Controversy Clause restricts court's ability to issue Advisory Opinions, or hearing cases that are either unripe or moot. Parties must have Standing (law). Chilling_effect argument is a rare exception. In Roe v. Wade, for instance, the Court applied the mootness exception for cases "capable of repetition, yet evading review."

Harmless error

Stipulated agreement

Ex parte non-docketed matters.

convert short-matters docket.

Constitutional Law and the Supremes
Judicial review in the United States began with Marbury v. Madison (1803). Court has no original jurisdiction to issue writ of mandamus, court invalidated Section 13 of the Judiciary Act of 1789. The second decision was Dred Scott v. Sandford invalidating the Missouri Compromise. In 1865, after the Union's victory, the Court's ruling in Dred Scott was superseded by the passage of the Thirteenth Amendment to the U.S. Constitution, which abolished slavery, and the Fourteenth Amendment. During the United States election of 1860, abolitionists formed the new Republican Party, which rejected the ruling as being corrupted by partisanship and non-binding because the court had no jurisdiction. Their Presidential nominee, Abraham Lincoln, stated he would not permit slavery anywhere in the country except where it already existed, which directly contradicted the court's ruling.

McCulloch v. Maryland

Judicial_review, he:ביקורת_שיפוטית,

constitutional review, he:חוקתיות

Basic_Laws_of_Israel, Basic_Law:_Human_Dignity_and_Liberty, he:חוק_יסוד:_כבוד_האדם_וחירותו

2023 Israeli judicial reform, he:רפורמת_לוין,

Reasonableness, he:עילת_הסבירות Force v. Facebook, Twitter v. Taamneh (new articles contributed) Re: Section 230

TWA v. Hardison (new draft)

Lists of landmark court decisions

US Civil Rights Act of 1964

Incorporation of Rights Doctrine
Gitlow v. New York, 268 U.S. 652 (1925) De Jonge v. Oregon, 299 U.S. 353 (1937) Guarantee against establishment of religion incorporated against the states. See Everson v. Board of Education,.

Guarantee of free exercise of religion incorporated against the states. See Cantwell v. Connecticut,.

Notes and References
This research project is developed from w:User:Jaredscribe/Law