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State (1877), the Indiana court rejected a duty to retreat, saying, [1]: 551–2 [5] "the tendency of the American mind seems to be very strongly against" a duty to retreat. [5] The court went further in saying that no statutory law could require a duty to retreat, because the right to stand one's ground is "founded on the law of nature ; and ...
Even areas that impose a duty to retreat generally follow the "castle doctrine", under which people have no duty to retreat when they are attacked in their homes, or (in some places) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force ...
Mackay Radio implies that the rights the Court intended to protect preexisted the National Labor Relations Act and remained unaffected by the Act. [7] For many legal analysts, it is clear that the Supreme Court relied heavily on and restated Lochner era doctrines developed by the courts and adopted by the NLRB's predecessor agencies.
Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980), was a U.S. Supreme Court decision issued on June 9, 1980 which affirmed the decision of the California Supreme Court in a case that arose out of a free speech dispute between the Pruneyard Shopping Center in Campbell, California, and several local high school students (who wished to canvass signatures for a petition against United ...
California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., 445 U.S. 97 (1980), was a United States Supreme Court case in which the Court created a two-part test for the application of the state action immunity doctrine that it had previously developed in Parker v.
State v. Abbott, 36 N.J. 63, 174 A.2d 881 (1961), [1] is a landmark case in the American legal doctrine of retreat.In it, the New Jersey Supreme Court unanimously adopted a duty to retreat—a legal requirement that a threatened person cannot stand one's ground and apply lethal force in self-defense, but must instead retreat to a place of safety. [2]
Abstention doctrine; Abstraction principle (law) Acquiescence; Act of state doctrine; Actio libera in causa; Administration of justice; Agent of record; Aggregate effects doctrine; Alternative liability; Assignment of income doctrine; Assumption of risk; Assured clear distance ahead; Attractive nuisance doctrine; Attribution (law) Audi alteram ...
The California Supreme Court reversed the conviction based on the merger doctrine. The court reasoned that the underlying assault merged with the resulting homicide in the sense that the homicide did not require a felonious purpose independent of that required for the assault.