Term
| What are the five common definitions of law? |
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Definition
1. Law consists of rules & regulations of the state for the governance of society.
2.The law is what judges, lawyers, and police say it is.
3. Law is a means to make society run more smoothly through the recognition and securing of rights.
4. Law is a means of social oppression.
5.Law is whatever the PEOPLE want it to be. |
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Term
| What are the three key elements of a law ? |
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Definition
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Term
| Not everyone finds the securing of rights to be what ? |
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Definition
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Term
| Laws are established by citizens through what ? |
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Definition
| Through their representatives in accordance with the decision rules of a society. |
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Term
| How can a traffic accident have both criminal and civil consequences ? |
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Definition
| Speeding would lead to a criminal consequences , as well as to a civil law suit due to "torts"(tort= a wrongful act leading to civil legal liability.) for injuries that result. |
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Term
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Definition
| a legal system is the structures, institutions and processes that create and sustain these rules.(laws) |
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Term
| What are the 3 components of a Legal System ? |
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Definition
| 1. Structure of the system , 2. Substance, and 3. Culture. |
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Term
| What is Legal Culture ? ( in terms of the three elements of a legal system ) |
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Definition
| This may be the hardest of the three elements of a legal system to define. A LEGAL CULTURE HELPS US UNDERSTAND HOW WE USE OUR LAWS AND LEGAL MACHINERY. |
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Term
| What was the main idea behind "To Whine Is American" by Robert Samuelson ? |
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Definition
| He proposed two propositions that American citizens have . Propositin #1: (Equality) You are no better than I am ! and Proposition #2: (Self-Interest) You can't do that to me ! ...these are the main two reasons why we feel so comfortable with suing and going to court over whatever matters. |
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Term
| What does the term "Hyperlexis" mean ? |
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Definition
| "I'm not getting my way, so I will sue you ! "lol |
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Term
| What's the trend about Public Order cases , compared to others, and what does that show us ? |
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Definition
| Over the years, the number of Public-order cases have exceeded the number of other cases in court , such as violence , property, and drugs. This shows us that we have more cases over petty stuff than we do serious stuff. Therefore, we just might be suffering from "hyperlexis" lol. |
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Term
| Over time, what is happening to the number of court cases in general ? |
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Definition
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Term
| How was the Roe v. Wade an example of the role of culture ? |
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Definition
| It was a challenge in the federal courts to a Texas law restricting abortions. The arguments focused on the "jurisdiction" question : Who had the right to make a decision. |
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Term
| In terms of the 3 componenst of a legal system , what is Structure ? |
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Definition
| We need to understand federalism, the relationship between the state and federal courts, the relationship between courts and legislatures.(power is divided between a central authority and constituent political units.) |
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Term
| In terms of the 3 components of a legal system , what does Substance mean ? |
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Definition
| We need to understand the law as provided by the Roe v. Wade "decision". But that decision is laid out in 6 separate opinons by justices on the court spanning more than 90 pages. ( Making sense of whatever decisions , and actually understanding the "substance" of it.) |
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Term
| What was the evidence of the American legal culture in Roe v. Wade ? |
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Definition
The decision was announced on Monday, January 22, 1973. Former President LBJ died on January 22, 1973. ( So the death of the president captured more people attention than the decision of the Roe v. Wade case ). In the news coverage, the justices were compared to Nazi holocaust, childkillers, immoral beasts, communists, and a "special ring in hell" would be reserved for them.
In terms of the public reactions , New Jersey Catholics were calling for Justice Brennan's ex-communication, Southern Baptists wrote more than 1,000 to Justice Hugo Black (including death threats.) . Mayo clinic nurses wrote to complain to Justice Blackmun, their former counsel. Also, the state of Texas asked for a rehearing based on the conclusion that a fetus is not a person. The Texas argument compared the decision to the Court's infamous 1857 Dred Scott case. Nowadays, Roe v. Wade continues to divide the American public (on the whole topic of abortion). "Personhood" amendments have been proposed in many states. |
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Term
| In terms of another example of the role of legal culture , what is "Tristan da Cunha " ? |
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Definition
| A remote island that had NO police, no crime, and no jails. Why ? No escape from the island, socially and physically dependent, and transparency (openness , communication, and accountability). Another lesson fromthis is that , informal legal structures work in certain circumstances. In small societies, formality of law may not be needed. Custom and public opinion are powerful forces. |
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Term
| What else is Hyperlexis in America defined as ? |
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Definition
| The tendency to rely on the courts to handle disputes. Perhaps we take the "Rule of Law" too far sometimes. |
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Term
| Who are the lawmakers within the legal system ? |
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Definition
| Legislatures, executives, administrative agencies ( the bureaucracy) |
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Term
| What is the Classic Legal Theory ? |
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Definition
| Courts have no power to make laws, Courts can only "find" law, or at best apply old law to new situations. |
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Term
| Simply put, what is Legislature's job ? |
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Definition
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Term
| In the U.S. , who are the "Lawmaking Bodies" ? |
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Definition
1 United States Congress
50 State Legislatures
3,000+ County Boards
18,000+ City Councils
School Districts
Special Districts |
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Term
| Are legislatures "hierarchical" ? |
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Definition
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Term
| How many congress(es) are there in the U.S. ? |
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Definition
| there's only ONE U.S. CONGRESS! |
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Term
| How many congress(es) are there in the U.S. ? |
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Definition
| there's only ONE U.S. CONGRESS! |
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Term
| How many County boards are there in the u.s. ? |
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Definition
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Term
| How many City Councils are there in the U.S. ? |
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Definition
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Term
| What are things that Legislatures can do , that courts can't do ? |
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Definition
| Impose taxes, and spend money. |
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Term
| Legislatures set general rules, and courts respond to what ? |
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Definition
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Term
| What do you HAVE TO be a member of in order to introduce a bill ? |
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Definition
| A member of the House or Senate. |
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Term
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Definition
| Anyone ( e.g. Presidential staff, groups/lobbyists) |
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Term
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Definition
| Anyone ( e.g. Presidential staff, groups/lobbyists) |
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Term
| Although 10,000+ bills are proposed, about how many of them are enacted ? |
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Definition
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Term
| What are the three stages that a bill must survive to become a law ? |
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Definition
1) Committees (and their sub-committees)
2) The floor (presented to the entire House)
3) The conference committee |
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Term
| Can a bill die at any stage ? |
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Definition
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Term
| How does A Bill start in the house ? |
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Definition
- Introduce the bill , (the "Hopper")
-Send it to the relevant committee
-Assign it to the relevant sub-committee.
- Hold Hearings and "Markup" Bill (the process by which a U.S. congressional committee or state legislative session debates, amends, and rewrites proposed legislation)
-Approve a sub-committee version
-Approve a committee version.
-Send it to the rules committee.
-Construct a "Rule" and send the Bill to the Floor.
-Consider Amendments (if allowed by the "rule").
- Vote on the Final passage of the (amended) Bill.
- Send the approved Bill to the Senate.
- Wait for Senate Approval. |
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Term
| What happens once the Bill is sent to the Senate ? |
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Definition
- The Senate considers the Bill ( Committee and Subcommitee Hearings and Votes, & Final Passage of the Bill. )
- Resolution of Conflict..The Conference Committee
- Final Passage of an Identical Bill in Both Houses. |
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Term
| How does a Bill become a Law ? |
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Definition
- If the president signs a bill that has passed by both the House and the Senate .
- *****If the President Vetoes the Bill, the House and Senate can re-pass the Bill each by a 2/3's vote. If they do so, the Bill becomes law without the President's signature. ***** omg !!! |
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Term
| What are some ways a Congressperson is influenced to introduce a bill ? |
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Definition
| By the president, by interest groups, by voters, by the courts, by the member himself or herself, and by external events. |
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Term
| What is the short version of how a Bill becomes a law ? |
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Definition
-Bill is introduced
-Committee and subcommittee considers bill.
- House and Senate consider bill and vote.
-Conference committee resolves any differences.
- Bill passes in both houses.
- President signs or vetoes bill. |
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Term
| Bills come in all shapes and sizes, what is the one extreme ? |
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Definition
The Sherman Anti-Trust Act: It was the first federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by the United States federal government. However, for the most part, politicians were unwilling to refer to and enforce this law until Theodore Roosevelt's Presidency (1901–1909) and beyond.
The Sherman Antitrust Act is named after its author, Senator John Sherman, an Ohio Republican, the chairman of the Senate Finance Committee, who was also Rockefeller's colleague.[2] After being ratified in the Senate on April 8, 1890 by a vote of 51-1, the Sherman Act passed unanimously (242-0) in the House of Representatives on June 20, 1890, and was then signed into law by President Benjamin Harrison on July 2, 1890. |
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Term
| Bills come in all shapes and sizes, what are some of the other extremes ( not the Sherman Anti-Trust Act, this extreme is the opposite ) ? |
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Definition
| Any tax bill , the budget, the Homeland Security Bill, and the most contemporary legislation. |
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Term
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Definition
Statutes (legislatives bills signed into law by executives) , they are GENERAL directives, unlike court decisions that apply to specific cases.
A statute for example, defines a crime and sets a penalty. But a Court determines if John Doe or Jane Smith is guilty of that crime. |
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Term
| Since congress does not have the time to handle every detail, it does what ? |
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Definition
| Defers to agencies who develop expertise to accompany the mandate they are given. |
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Term
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Definition
| It's a form of delay. It involves a way of dodging or compromising a difficult political issue. |
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Term
| What two principal plans were offered at the Constitutional Convention in 1787 ? |
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Definition
1.) The Virginia Plan ( A supreme court , and lower federal courts.)
2.) The New Jersey Plan (A Supreme Court and existing state courts.) |
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Term
| What important thing did **Article III** in the U.S. Constitution state ? |
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Definition
| The Judicial Power shall be vested in ONE SUPREME COURT. ** |
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Term
| Can ANY judges compensation be diminished during their continuance in office ? |
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Definition
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Term
| When should the supreme court have ORIGINAL JURISDICTION ? |
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Definition
| In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. |
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Term
| If it is not a situation where the Supreme court should have original jurisdiction , then it obviously must be a case where the supreme court has ...? |
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Definition
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Term
| The trial of all crimes , except in cases of impeachment , shall be by ...? |
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Definition
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Term
| What does Article III of the constitution establish ? |
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Definition
- A supreme court in which the judicial power of the U.S. is vested.
- The original and appellate jurisdictions of the Supreme Court.
- Life tenure for judges.
- Judges receive compensation that cannot be diminished during their service.
- A role for Congress as a "Check". |
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Term
| What all was missing from Article III of the constitution ? |
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Definition
| Details ! How many justices will there be ? Where will they meet ? How much will be they be paid ? Staff ? Procedures ? Jurisdiction limits ? |
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Term
| What did the Judiciary Act of 1789 state ? |
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Definition
- The Supreme Court shall have a Chief Justice and 5 Associate Justices.
- There will be 3 (regional) Circuit Courts (staffed by 2 Supreme Court Justices and 1 District Court Judge )
- There will be 13 District courts ( 1 per state ) and each staffed by a federal District Court Judge. |
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Term
| What did Evarts Act of 1891 state ? |
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Definition
- Established the US Courts of Appeals while abolishing the Circuit Courts (which existed as a dual appeals system until 1911.)
- Designed to eliminate "circuit riding" by Supreme Court Justices.
- 9 regions (now extended). |
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Term
| What did the Judiciary Act of 1925 state ? |
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Definition
| Gave the U.S. Supreme Court what it wanted most; control over its caseload. |
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Term
| What was the whole "Least Dangerous Branch" concept about ? |
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Definition
| In Federalist #78 , Alexander Hamilton argued that the judiciary would be the LEAST DANGEROUS BRANCH of government. It lacked the teeth of both the other branches of government; it had neither the power of the sword nor the power of the purse." lol |
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Term
| What are the 3 Layers of the Federal Courts ( From top to bottom ) ? |
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Definition
| U.S. Supreme Court , U.S. Court of Appeals, U.S. District Courts. |
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Term
| How do the United States Federal courts rank from top to bottom ? |
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Definition
| Supreme Court , Appellate Courts, Trial Courts, Federal Courts/Other Entities outside the judicial branch. |
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Term
| Since the 1950's , the number of federal judges have been...? |
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Definition
| Increased dramatically by congress to help meet demands by litigants . |
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Term
| The American legal system is what type of system ? |
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Definition
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Term
| What are the two systems that America's dual system is composed of ? |
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Definition
| State courts, and federal courts. |
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Term
| What are the three tiers that BOTH ( STATE AND FEDERAL COURTS) have ? |
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Definition
| Trial courts, intermediate appellate courts, and high or supreme courts. |
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Term
| What often gets overlooked in the standard 3 tiered system ? |
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Definition
The "bargain basement":
- The Federal Magistrate
- Specialized local courts in each state
* county and municipal courts
* traffic courts
* family courts
* Justices of the peace
* Small Claims Courts
- Known as "Courts of Limited Jurisdiction" |
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Term
| Who's at the bottom of the federal courts ? |
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Definition
| Federal Magistrate Judge. |
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Term
| What did the United States Magistrates Act of 1968 state ? |
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Definition
It's purpose: Reduce the workload of federal courts .
- Magistrates may : serve as special masters ( persons appointed by the court to carry out fact-finding on behalf of the court.), supervise pretrial or discovery proceedings , provide preliminary consideration of petitions for post conviction relief, conduct a civil or misdemeanor criminal trial.
U.S. magistrates generally may not decide motions to dismiss or motions for summary judgment, because these motions involve ultimate decision making, a responsibility and duty of the federal courts. |
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Term
| How are Magistrates appointed ? |
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Definition
Magistrates are appointed by a majority vote of the federal district judges of a particular district and serve terms of 8 years if full-time, or 4 years if part-time, and may be reappointed.
As of March 2009 , there are 517 Full Time and 42 part-time authorized magistrate judgeships. |
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Term
| Why are the decisions of Magistrates subject to review and either approval , modification or reversal by a federal district judge? |
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Definition
| Because Article III of the U.S. Constitution vests the judicial powers in courts to which the judges are appointed for life. ( EXCEPT IN IN CIVIL CASES WHERE THE PARTIES CONSENT IN ADVANCE TO ALLOW THE MAGISTRATE TO EXERCISE THE JURISDICTION OF THE DISTRICT JUDGE.) |
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Term
| How many states have their own court system ? |
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Definition
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Term
| How many state supreme court exists ? |
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Definition
| 52 !!! ( BecauseOklahoma and Texas have two separate supreme courts: one for criminal appeals and one for civil cases ) |
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Term
| How many states have intermediate level courts of appeals ? |
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Definition
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Term
| How many cases do state trial courts handle each year ? |
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Definition
| Many more than the federal trial courts do. |
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Term
| What is the ranking of the Courts from top to bottom in the Texas Judicial System ? |
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Definition
| Tied at the top is the Supreme Court and the Court of Criminal Appeals, then Courts of Appeals, then the District Courts. |
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Term
| What is the Texas Supreme Court composed of ? |
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Definition
| the chief justice and eight justices, the supreme court of Texas is the court of last resort for civil matters in the state of Texas. The Supreme Court is located in Austin, TX next to the state capitol. |
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Term
| What are the guidelines for the justices of the Texas Supreme Court ? |
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Definition
-The justices of the Supreme Court are elected to staggered SIX-YEAR terms in state-wide elections. When a vacancy arises, the Governor may appoint a Justice, subject to Senate confirmation, to serve out the remainder of an unexpired term until the next general election.
-All members of the Court must be at least 35 years of age , a citizen of Texas, licensed to practice law in Texas, and must have practiced law ( or have been a lawyer and a judge of a court of record together) for at least ten years. |
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Term
| What is the Texas Court of Criminal Appeals ? |
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Definition
The Court of Criminal Appeals is Texas' highest court for criminal cases. The Court consists of a Presiding Judge and eight Judges.
- Judges are elected by the voters of the entire state, and they hold their office terms of six years. |
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Term
| What is an "en-banc " hearing ? |
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Definition
| A hearing in which all justices of that court hear and consider the case. |
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Term
| Who are the Lawmaking Entities ? |
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Definition
| Legislatures (& Executives) , Courts , Administrative Agencies. |
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Term
| What are administrative agencies ? |
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Definition
-The Government "Residual" ( that which remains after we eliminate the courts, legislatures and chief executives). They are the alphabet soup of the government.
- They also have a mixture of different powers, ..legislative, executive, and judicial. |
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Term
| What are some examples of Administrative Agencies ? |
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Definition
| ICC ( Licensing Boards), FDA (Water Commissions), SEC (Motor Vehicle Bureaus), FTC ( Tourism), IRS (Commerce) |
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Term
| Whose the creator of the legislature in most instances ? |
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Definition
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Term
| What does the Bureaucracy ( aka Constitutional Ambiguity) do ? |
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Definition
| - Bureaucratic agencies may be implied in the long list of powers of Congress: for instance, collect taxes, to regulate commerce, to establish post offices and post roads, etc. |
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Term
| Who leads the Federal Bureaucracy ? |
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Definition
| The Cabinet ( which includes the Vice-President and the heads of 15 executive departments.) |
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Term
| What does Article 4 (IV) of the Texas Constitution identify ? |
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Definition
| The top seven executive branch officials; it also specifies that all of these officers (except the secretary of state) are to be elected by the people. Further , it provides a fair bit of detail on the powers and duties of these officers. |
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Term
| What did the Administrative Procedures Act of 1946 state ? |
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Definition
-Publish descriptions of central and field administration.
-Make procedural rules public.
-Inform public of where they can get necessary forms.
- Make rules and regulations public.
- Give notice of changes to existing rules and regulations.
- Allow public objection in hearings or in written form. |
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Term
| What serves as official journal of record for the U.S. Government , and gives the people a chance to participate in agency rulemaking ? |
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Definition
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Term
| What are the 4 categories that each daily issue of the Federal Register is organized into ? |
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Definition
| Presidential Documents, Rules and Regulations, Proposed Rules, and Notices. |
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Term
| What is the "Chevron Test" ? |
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Definition
The rules are treated by the courts as being as legally binding as statutory law, provided the regulations are a reasonable interpretation of the underlying statutes.
- This "reasonable interpretation" test or chevron doctrine was articulated by the Supreme Court . |
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Term
| Over time the legal profession has ..? |
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Definition
|
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Term
| The number of lawyers has grown with ..? |
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Definition
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Term
| What's the number of licensed lawyers as of the year 2012 ? |
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Definition
| 1,268,011 ... 4 lawyers per 1,000 citizens. ( basically 1 lawyer for every 250 people ) |
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Term
| How many lawyers for every 246 people in the U.S. ? |
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Definition
| 1 lawyer for every 246 ppl; 4x the number in England, and 29x the number in Japan. |
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Term
| Which is growing at a faster rate ..the population size, or the number of attorneys ? |
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Definition
| The number of attorneys ! |
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Term
| Are there more male or female lawyers ? |
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Definition
| There's more males, but the number of female attorneys is growing though. |
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Term
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Definition
| Litigate (Trial Practice) , Negotiate , Draft (Writing), and Advise. |
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Term
| Who held the 1st law professorship at the college of William and mary ? |
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Definition
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Term
| What were the first two law schools ? |
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Definition
| Harvard(1817) , and then Yale (1824). |
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Term
| In 1870 , what did the Big Switch in Legal Education done by Christopher Columbus Langdell, the dean of Harvard Law entail ? |
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Definition
| "Case method", Standardization, and Extension of Curriculum |
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Term
| What does the first-year law curriculum consist of ? |
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Definition
| Civil procedure, constitutional law, contracts, criminal law and criminal procedure, property law, torts , legal method, and legal writing. |
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Term
| How do lawyers charge for their services ? |
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Definition
| Hourly rates, flat fees, retainers, and contingency fees. |
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Term
| In 1901 , who was credited with creating the modern firm with general work followed by specialization and a partnership vote? |
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Definition
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Term
| How we judge the court is ...? |
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Definition
| A function of where we stand ...republican or democrat. |
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Term
| Article III, Section 2 states what ? |
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Definition
| That the president should nominate and by and with the advice of the senate , shall appoint judges of the supreme court and all other officers of the United States. |
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Term
| For nomination criteria for judges, are there any nomination criteria ? |
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Definition
| There are NO constitutional qualifications !!! |
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Term
| What is the Federal Selection Process for judges? |
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Definition
| President, Dept. of Justice, Senators, Interest Groups, Senate Jud.Comm. , then Senate. |
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Term
| Who were some of the first justices ? |
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Definition
| John Jay (Chief Justice) , John Rutledge , William Cushing, James Wilson, John Blair , James Iredell. |
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Term
| What do you notice about the chief justices ? |
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Definition
| They're all men. They're all white. They're all "older". |
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Term
| How long can federal judges and justices stay in office ? |
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Definition
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Term
| In Texas, how long can a District Judge stay in office ? |
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Definition
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Term
| In Texas, how long can an appeals court judge stay in office ? |
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Definition
|
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Term
| What does the clerk of the court do ? |
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Definition
Files Complaint
–Assigns a docket number and judge
–Issues summons and returns summons to the plaintiff’s attorney |
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Term
|
Definition
Notice sent to all parties
•Subpoenas issued. Orders to 3rd parties requiring them to appear.
•Examination (Questioning) of person with information |
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Term
| what is the purpose of "discovery" ? |
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Definition
Acquire Information
–To not be “blindsided” at trial
–To stimulate settlement
•Narrowing of the issues
–Stipulate (Agree on) facts prior to trial so that they don’t have to be disputed in the courtroom. |
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Term
| Who has the right to a jury trial ? |
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Definition
Every person accused of a crime punishable by
incarceration for more than six months has a federal constitutional right to a trial by jury. |
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Term
| What are the legal qualifications for jury service (in most states)? |
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Definition
You must be 18 years of age or older.
•You must live in the county or municipality that summoned you.
•You must be a United States citizen.
•You must read, speak, and understand English.
•You must not have served “too much” (e.g., on a jury for five or more days in the past 12 months). |
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Term
|
Definition
–Removal on challenge “for cause”
–ReEXAMINATION OF JURY !moval on “peremptory challenge” |
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Term
| What is the Fight Theory ? |
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Definition
Adversarial contest between lawyers
–Judge as neutral arbiter overseeing the fight |
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Term
|
Definition
Judge as active fact finder
–Assisted in task by lawyers from both sides |
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Term
| What is Mandatory jurisdiction ? |
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Definition
Filing of an appeal and “brief” by the appellant
•Submission of a “brief” by the appellee
•(Submission of a “reply” by the appellant) |
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Term
| What is discretionary jurisdiction ? |
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Definition
Filing of a petition for a hearing by the petitioner
•Submission of a “brief” in opposition to the hearing by the respondent
•Court decision on whether to grant the hearing
•(If a hearing is granted) Submission of additional “briefs” by both sides |
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Term
| STATE v. RACHEL PENDERGRASS |
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Definition
On the trial the facts were, that the defendant kept a school for small children: that upon one occasion, after mild treatment towards a little girl, of six or seven years of age, had failed, the defendant whipped her with a switch, so as to cause marks upon her body, which disappeared in a few days. Two marks were also proved to have existed, one on the arm, and another on the neck, which were apparently made with a larger instrument, but which also disappeared in a few days.
His Honor instructed the jury, that the right of the defendant to chastise the child, was coextensive with that of a parent; and that they should be cautious in coming to a conclusion, that excessive chastisement had been used. But as the child was of tender years, if they believed that she had been whipped by the defendant, with either a switch or other instrument, so as to produce the marks described to them, the defendant was guilty. A verdict was found for the state; and the defendant appealed. |
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Term
|
Definition
| We do not think a general averment of this kind, unconnected as it is with the allegations of fact, can be allowed to have the effect of the particular and special statement, which the statute requires. It is not traversable, and we cannot say, as a conclusion of law, what may, in her opinion, be such conduct as is consistent with the character of a dutiful, faithful and affectionate wife. It is unnecessary to notice the other matters of complaint set out in the petition, because they are admitted not to be, of themselves, sufficient, and are put in as makeweights or props of the main causes, which we have fully adverted to. |
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Term
|
Definition
A husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses such excessive violence or cruelty as indicates malignity or vindictiveness; and it makes no difference that the husband and wife are living separate by agreement.
A husband is responsible for the acts of his wife, and he is required to govern his household, and for that purpose the law permits him to use towards his wife such a degree of force as is necessary to control an unruly temper and make her behave herself; and unless some permanent injury be inflicted, or there be an excess of violence, or such a degree of cruelty as shows that it is inflicted to gratify his own bad passions, the law will not invade the domestic forum or go behind the curtain. It prefers to leave the parties to themselves, as the best mode of inducing them to make the matter up and live together as man and wife should. |
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Definition
The laws of this State do not recognize the right of the husband to whip his wife, but our courts will not interfere to punish him for moderate correction of her, even if there had been no provocation for it.
2. Family government being in its nature as complete in itself as the State government is in itself, the courts will not attempt to control, or interfere with it, in favor of either party, except in cases where permanent or malicious injury is inflicted or threatened, or the condition of the party is intolerable.
3. In determining whether the husband has been guilty of an indictable assault and battery upon his wife, the criterion is the effect produced, and not the manner of producing it or the instrument used.
(S. v. Hussy, Bus., 123; S. v. Black, 1 Wins., 266, cited and approved; S. v. Pendergrass, distinguished and approved.)
Because our opinion is not in unison with the decisions of some of the sister States, or with the philosophy of some very respectable law writers, and could not be in unison with all, because of their contrariety--a decent respect for the opinions of others has induced us to be very full in stating the reasons for our conclusion. There is no error.
Let this be certified, etc. |
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Where, upon some words between husband and wife he threatened to leave her, and used to her very improper language, when she started to go off, and he caught her by the left arm, and said he would kill her, drawing his knife with the other hand; then, holding her, struck at her with the knife, but did not strike her, and again drawing back as if to strike, his arm was caught by a bystander; but after all, no injury or blow was inflicted: Held, to have been a case in which the Courts will interfere, and that the husband was guilty of assault.
But on the argument at the bar in this case, they were perverted to mean that in any case, no matter what weapon was used or from what motive or intent, unless permanent injury were inflicted, the Court would not interfere therefore, here, although death was threatened and a deadly knife used, yet as it was averted by a bystander, the Court will not interfere. We repudiate any such construction of the State v. Rhodes. |
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The doctrine of years ago, that a husband had the right to whip his wife, provided, he used a switch no larger than his thumb, no longer governs the decisions of our Courts: and the opinion, more in accordance with our present civilization, that a husband has no legal right to chastise his wife under any circumstances, prevails. If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive.
No general rule can be applied, but each case must depend upon the circumstances surrounding it. |
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| Who are government paid attorneys in criminal cases ? |
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| Whats the conservative objection on the plea bargain ? |
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Definition
| It’s just a loophole. It allows criminals to beat the system when charges are dropped or reduced. |
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| What's the liberal objection on the plea bargain ? |
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Definition
| It’s an irrational action that values expediency over the merits of the case. It coerces defendants to give up their constitutional rights against self-incrimination. It causes prosecutors to overcharge as a negotiating chip. |
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