grandparent rights. A grandfather’s or grandmother’s rights in seeking visitation with a grandchild. • By statute in most states, in certain circumstances a grandparent may seek court-ordered visitation with a grandchild. Typically these circumstances include the death of the grandparents’ child (the child’s parent) and the divorce of the child’s parents. But the United States […]
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Marks rule. The doctrine that, when the U.S. Supreme Court issues a fractured, plurality opinion, the opinion of the justices concurring in the judgment on the narrowest grounds — that is, the legal standard with which a majority of the Court would agree — is considered the Court’s holding. Marks v. United States, 430 U.S.
obscene, adj. Extremely offensive under contemporary community standards of morality and decency; grossly repugnant to the generally accepted notions of what is appropriate. • Under the Supreme Court’s three-part test, material is legally obscene — and therefore not protected under the First Amendment — if, taken as a whole, the material (1) appeals to the
Frye test. The defunct federal common-law rule of evidence on the admissibility of scientific evidence. • It required that the tests or procedures must have gained general acceptance in their particular field. In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993), the Supreme Court held that scientific evidence must meet
Violence Against Women Act. A federal statute that established a federal civil-rights action for victims of gender-motivated violence. 42 USCA § 13981. • In 2000, the Supreme Court invalidated the statute, holding that neither the Commerce Clause nor the Enforcement Clause of the 14th Amendment authorized Congress to enact the civil-remedy provision of this Act.
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carry, vb. 1. To sustain the weight or burden of; to hold or bear (more weight than a single person can carry). 2. To convey or transport (carrying the coal from one state to another). 3. To possess and convey (a firearm) in a vehicle, including the locked glove compartment or trunk of a car
official reports 官方判例汇编 指政府批准或认可的某一司法区内法院判例的汇编。如《美国最高法院判例汇编》〔United States Supreme Court Reports〕。
McCarran Act. A federal law requiring, among other things, members of the Communist party to register with the Attorney General and requiring Communist organizations to provide the government with a list of members. • The Act was passed in 1950, during the Cold War. Over the years, the U.S. Supreme Court declared various portions of
good-faith exception. Criminal procedure. An exception to the exclusionary rule whereby evidence obtained under a warrant later found to be invalid (esp. because it is not supported by probable cause) is nonetheless admissible if the police reasonably relied on the notion that the warrant was valid. • The good-faith exception was adopted by the Supreme
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