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Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
Law enforcement officers cannot be threatened, harassed, or promised rewards to induce the answering of any question. Law enforcement officers are entitled to a hearing, with notification in advance of the date, access to transcripts, and other relevant documents and evidence generated by the hearing and to representation by counsel or another ...
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading ...
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories , requests for production of documents , requests for admissions and depositions .
For a law-enforcement officer to legally seize an item, the officer must have probable cause to believe that the item is evidence of a crime or is contraband. The police may not move objects in order to obtain a better view, and the officer may not be in a location unlawfully. These limitations were detailed in the case of Arizona v.
In general, these remedies may be awarded when they would be authorized under the law of the state in which the federal court is located – a rare instance in which the Federal Rules of Civil Procedure, generally designed to promote uniformity of practice in the federal districts throughout the country, defer to state law.
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...