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The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
Brandenburg v. Ohio, 395 U.S. 444 (1969), is a landmark decision of the United States Supreme Court interpreting the First Amendment to the U.S. Constitution. [1] The Court held that the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action".
However, where such facts exist, a party to the case may suggest recusal. Controversially, each judge generally decides whether or not to recuse themself. [1] [19] However, where lower courts are concerned, an erroneous refusal to recuse in a clear case can be reviewed on appeal or, under extreme circumstances, by a petition for a writ of ...
Article 2 has been interpreted to include the positive obligation of the state to ensure preventive measures are taken to protect citizens. The leading case on the matter is Osman v UK which overruled the UK court's decision in Hill v West Yorkshire as to the fact that public bodies could not be held to be negligent if they had done all that would be reasonably expected of them to avoid ...
Castle Rock v. Gonzales, 545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. § 1983 for failing to enforce a restraining order, which had led to the murders of a woman's three children by her estranged husband. [1]
No clerks are permitted to be present, which would make it exceedingly difficult for a justice without a firm grasp of the matters at hand to participate. [22] At this conference, each justice—in order from most to least senior—states the basis on which the justice would decide the case, and a preliminary vote is taken.
Real life issues that need solutions do need both rationality and emotion to be sufficiently moral. One uses rationality as a pathway to the ultimate decision, but the environment and emotions towards the environment at the moment must be a factor for the result to be truly moral, as morality is subject to culture.