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In American law, the clear statement rule is a guideline for statutory construction, instructing courts to not interpret a statute in a way that will have particular consequences unless the statute makes unmistakably clear its intent to achieve that result. [1]
Res gestae (Latin: "things done") is a term found in substantive and procedural American jurisprudence and English law. In American substantive law, it refers to the period of a felony from start-to-end. In American procedural law, it refers to a former exception to the hearsay rule for statements made spontaneously or as part of an act.
By definition, political doctrine is "[a] policy, position or principle advocated, taught or put into effect concerning the acquisition and exercise of the power to govern or administrate in society." [15] The term political doctrine is sometimes wrongly identified with political ideology. However, doctrine lacks the actional aspect of ideology ...
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
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 ...
The idea was a way to import natural law norms into the Constitution; prior to the American Civil War, the state courts were the site of the struggle. Critics of substantive due process claim that the doctrine began, at the federal level, with the infamous 1857 slavery case of Dred Scott v. Sandford. [11]
The British model of policing influenced policing in the United States; [22] [23] the principles informed the American community policing movement in the 1960s and are still a component of more recent policing doctrine. [24] American law-enforcement reformer William Bratton called them "my bible" in 2014, [25] but others commented in 2020 that ...
Composite drawings made from photographs are not producible. Photographs, if they relate to a witness' statement must be produced. [43] [44] Notes taken by a prosecutor or a law enforcement officer pertaining to an interview with a potential government witness may be subject to production under the Jencks Act if the witness testifies at trial ...