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∙ 7y agoIllinois v. Allen :: 397 U.S. 337 (1970) It basically means a defendant has a right to be present during a trial, as per Constitutional rights, unless the defendant is disruptive. Then, the person can be removed and the trial go on without the person there.
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∙ 7y agoThe Dred Scott decision
In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.
The willingness of the government and the Exutive Branch to enforce that decision.
The explanation for the US Supreme Court's decision is called the opinion.
The decision centered on Maryland's claim that because the Constitution was ratified by State conventions, the States were sovereign
Disposed proceeding as ex parte means that a court or tribunal has decided on a legal matter without hearing from all involved parties. This could happen when one party has failed to appear or respond, or when the judge determines that hearing from all parties is not necessary for a fair decision.
The judge asked, "Has the jury reached a decision about the guilt or innocence of this defendant?"
A defendant is not obligated to take the services of the public defender. If a defendant wishes to hire private counsel, he has that right, or if he wishes to defend himself, he has that right. If the defendant wishes to defend himself, the judge will inquire as to if the decision is knowing and voluntary, and if so, will allow the defendant to do so. It is a very important decision, and not one to be made lightly.
If the Plaintiff or the Prosecutor disagreed with the judge's decision to dismiss the charges against the plaintiff/defendant, they might characterize the judge's decision as "unjust" meaning they did not agree with the judge's legal reasoning for doing so. OR -- in an employment situation -- it might refer to the dismissal of an empolyee under conditions that were not according to prevailing law or procedure.
A legal precedent is called "controlling" in a court proceeding if the precedent is a decision rendered by a court to which any judgment of the court in which the proceeding is occurring can be appealed, either immediately or ultimately.
A policy is a set of principles or rules established by an organization to guide decision-making and behavior. A procedure, on the other hand, is a series of steps or actions to be followed in a specific order to achieve a particular outcome. In simple terms, policies outline what should be done, while procedures detail how it should be done.
It is customary, and it is done out of respect to the jury and/or judge who renders the judgement.
An absolvitor is a decision or decree in law made by a court in favour of the defendant in a given action.
The plaintiff and the defendant make an agreement before the decision in made in court.
The jury may not look at the defendant they have convicted as a sign of respect for the seriousness of the decision they have made. It can also help maintain the emotional distance necessary for them to make an impartial decision based on the evidence presented during the trial.
Delegation
If a tried, tested and definite procedure is carefully followed, the decision finally reached, would be expected to be the correct one.