vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Fourteenth Amendment to the United States Constitution
In Katzenbach v. Morgan ( 1966 ) , the Court upheld Section 4 ( e ) of the Voting Rights Act of 1965 , which prohibits certain forms of literacy requirements as a condition to vote , as a valid exercise of Congressional power under Section 5 to enforce the Equal Protection Clause . The Court ruled that Section 5 enabled Congress to act both remedially and prophylactically to protect the rights guaranteed by the amendment . However , in City of Boerne v. Flores ( 1997 ) , the Court narrowed Congress 's enforcement power , holding that Congress may not enact legislation under Section 5 that substantively defines or interprets Fourteenth Amendment rights . The Court ruled that legislation is valid under Section 5 only if there is a `` congruence and proportionality '' between the injury to a person 's Fourteenth Amendment right and the means Congress adopted to prevent or remedy that injury .
Archie Marries Veronica/Archie Marries Betty
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Right of self-defense in Maryland
Maryland also continues to follow common law principles on the issue of when one may use deadly force in self - defense . In the case of State v. Faulkner , 301 Md. 482 , 485 , 483 A. 2d 759 , 761 ( 1984 ) , the Court of Appeals of Maryland summarized those principles , and stated that a homicide , other than felony murder , is justified on the ground of self - defense if the following criteria are satisfied :
English contract law
The promises offered by one person to another are the terms of a contract , but not every representation before an acceptance will always count as a term . The basic rule of construction is that a representation is a term if it looked like it was `` intended '' to be from the viewpoint of a reasonable person . It matters how much importance is attached to the term by the parties themselves , but also as a way to protect parties of lesser means , the courts added that someone who is in a more knowledgeable position will be more likely to be taken to have made a promise , rather than a mere representation . In Oscar Chess Ltd v Williams Mr Williams sold a Morris car to a second hand dealer and wrongly ( but in good faith , relying on a forged log - book ) said it was a 1948 model when it was really from 1937 . The Court of Appeal held that the car dealer could not later claim breach of contract because they were in a better position to know the model . By contrast , in Dick Bentley Productions Ltd v Harold Smith ( Motors ) Ltd the Court of Appeal held that when a car dealer sold a Bentley to a customer , mistakenly stating it had done 20,000 miles when the true figure was 100,000 miles , this was intended to become a term because the car dealer was in a better position to know . A misrepresentation may also generate the right to cancel ( or `` rescind '' ) the contract and claim damages for `` reliance '' losses ( as if the statement had not been made , and so to get one 's money back ) . But if the representation is also a contract term a claimant may also get damages reflecting `` expected '' profits ( as if the contract were performed as promised ) , though often the two measures coincide . Parker
Canadian Bill of Rights
However , the 1960 Act does enumerate some rights ( property rights and specific legal rights , for example ) not protected under the Canadian Charter of Rights and Freedoms . For this and other reasons , the 1960 Act is regularly referenced in court decisions today .
English contract law
The Unfair Contract Terms Act 1977 regulates clauses that exclude or limit terms implied by the common law or statute . Its general pattern is that if clauses restrict liability , particularly negligence , of one party , the clause must pass the `` reasonableness test '' in section 11 and Schedule 2 . This looks at the ability of either party to get insurance , their bargaining power and their alternatives for supply , and a term 's transparency . In places the Act goes further . Section 2 ( 1 ) strikes down any term that would limit liability for a person 's death or personal injury . Section 2 ( 2 ) stipulates that any clause restricting liability for loss to property has to pass the `` reasonableness test '' . One of the first cases , George Mitchell Ltd v Finney Lock Seeds Ltd saw a farmer successfully claim that a clause limiting the liability of a cabbage seed seller to damages for replacement seed , rather than the far greater loss of profits after crop failure , was unreasonable . The sellers were in a better position to get insurance for the loss than the buyers . Under section 3 businesses can not limit their liability for breach of contract if they are dealing with `` consumers '' , defined in section 12 as someone who is not dealing in the course of business with someone who is , or if they are using a written standard form contract , unless the term passes the reasonableness test . Section 6 states the implied terms of the Sale of Goods Act 1979 can not be limited unless reasonable . If one party is a `` consumer '' then the SGA 1979 terms become compulsory under the CRA 2015 . In other words , a business can never sell a consumer goods that do not work , even if the consumer signed a document with full knowledge of the exclusion clause . Under section 13 , it is added that variations on straightforward exemption clauses will still count as exemption clauses caught by the Act . So for example , in Smith v Eric S Bush the House of Lords held that a surveyor 's term limiting liability for negligence was ineffective , after the chimney came crashing through Mr Smith 's roof . The surveyor could get insurance more easily than Mr Smith . Even though there was no contract between them , because section 1 ( 1 ) ( b ) applies to any notice excluding liability for negligence , and even though the surveyor 's exclusion clause might prevent a duty of care arising at common law , section 13 `` catches '' it if liability would exist `` but for '' the notice excluding liability : then the exclusion is potentially unfair .
Rule of law
The substantive interpretation holds that the rule of law intrinsically protects some or all individual rights .
Privacy Act of 1974
procedural uniformity in carrying out matching programs ; due process for subjects in order to protect their rights , and oversight of matching programs through the establishment of Data Integrity Boards at each agency engaging in matching to monitor the agency 's matching activity .
Standing (law)
Prohibition of Third - party standing : A party may only assert his or her own rights and can not raise the claims of a third party who is not before the court ; exceptions exist where the third party has interchangeable economic interests with the injured party , or a person unprotected by a particular law sues to challenge the oversweeping of the law into the rights of others . For example , a party suing over a law prohibiting certain types of visual material , may sue because the 1st Amendment rights of theirs , and others engaged in similar displays , might be damaged . Additionally , third parties who do not have standing may be able to sue under the next friend doctrine if the third party is an infant , mentally handicapped , or not a party to a contract . One example of a statutory exception to the prohibition of third party standing exists in the qui tam provision of the Civil False Claims Act . Prohibition of generalized grievances : A plaintiff can not sue if the injury is widely shared in an undifferentiated way with many people . For example , the general rule is that there is no federal taxpayer standing , as complaints about the spending of federal funds are too remote from the process of acquiring them . Such grievances are ordinarily more appropriately addressed in the representative branches . Zone of interest test : There are in fact two tests used by the United States Supreme Court for the zone of interest Zone of injury - The injury is the kind of injury that Congress expected might be addressed under the statute . Zone of interests - The party is arguably within the zone of interest protected by the statute or constitutional provision .
Civil Rights Act of 1991
Congress addressed the issue by redefining the phrase `` make and enforce contracts '' to include `` the making , performance , modification , and termination of contracts , and the enjoyment of all benefits , privileges , terms , and conditions of the contractual relationship . '' Congress also clarified that Section 1981 applied to both governmental and private discrimination , the issue that the Supreme Court originally announced it would decide in Patterson .
Bankruptcy Abuse Prevention and Consumer Protection Act
In the years since 2000 , the bill was introduced in each Congress , but was repeatedly shelved due to threats of a filibuster from its opponents and because of disagreements over various amendments , including one backed by Senate Democrats that would have made it harder for anti-abortion groups to discharge court fines related to felony convictions .
Dei verbum
In Chapter II under the heading `` Handing On Divine Revelation '' the Constitution states among other points :
Right of self-defense in Maryland
In the case of Baltimore Transit Co. v. Faulkner , 179 Md. 598 , 20 A. 2d 485 ( 1941 ) , which involved a civil lawsuit for assault and battery , the Court of Appeals of Maryland set forth the general common law principles of the doctrine of self - defense :
National Rural Employment Guarantee Act, 2005
The law provides many safeguards to promote its effective management and implementation . The act explicitly mentions the principles and agencies for implementation , list of allowed works , financing pattern , monitoring and evaluation , and most importantly the detailed measures to ensure transparency and accountability .
Right of self-defense in Maryland
`` It is a justifiable homicide to kill to prevent the commission of a felony by force or surprise .
Massiah v. United States
Government attempts to obtain incriminating statement related to the offense charged from the defendant by overt interrogation or surreptitious means is a critical stage and any information thus obtained is subject to suppression unless the government can show that an attorney was present or the defendant knowingly , voluntarily and intelligently waived his right to counsel .
Gun laws in California
The Constitution of California does not contain a provision explicitly guaranteeing an individual right to keep and bear arms . Article 1 , Section 1 , of the California Constitution implies a right to self - defense ( without specifically mentioning a right to keep and bear arms ) and defense of property , by stating , `` All people are by nature free and independent and have inalienable rights . Among these are enjoying and defending life and liberty , acquiring , possessing , and protecting property , and pursuing and obtaining safety , happiness , and privacy . ''
Supreme Court of India
( 1 ) Hijras , eunuchs , apart from binary gender , be treated as `` third gender '' for the purpose of safeguarding their rights under Part III of our constitution and the laws made by the parliament and the State Legislature .
Standing (law)
States are also protected against lawsuits by their sovereign immunity . Even where states waive their sovereign immunity , they may nonetheless have their own rules limiting standing against simple taxpayer standing against the state . Furthermore , states have the power to determine what will constitute standing for a litigant to be heard in a state court , and may deny access to the courts premised on taxpayer standing alone .
United States free speech exceptions
The basic principle behind government 's regulation of the bar has greater power to regulate the speech of lawyers . A balancing test is employed when the Court considers attorney speech . This test weighs the `` interest against the State 's legitimate interest in regulating the activity in question ( with ) the interests of the attorney '' . Thus , while commercial advertising by lawyers is generally protected , rules of professional conduct and ethical guidelines are still permitted .
Standing (law)
Injury - in - fact : The plaintiff must have suffered or imminently will suffer injury -- an invasion of a legally protected interest that is ( a ) concrete and particularized , and ( b ) actual or imminent ( that is , neither conjectural nor hypothetical ; not abstract ) . The injury can be either economic , non-economic , or both . Causation : There must be a causal connection between the injury and the conduct complained of , so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court . Redressability : It must be likely , as opposed to merely speculative , that a favorable court decision will redress the injury .
Massiah v. United States
Constitutional Basis - Miranda is based on the Fifth Amendment right against self - incrimination . Massiah is based on the Sixth Amendment right to counsel . Attachment - Miranda : Custody + Interrogation . ( Charging status irrelevant ) Massiah : Formally Charged + Deliberate Elicitation . ( Custodial status irrelevant ) Scope Miranda applies to custodial interrogation by known governmental agents . Surreptitious acquisition of incriminating information allowed . Massiah applies to overt and surreptitious interrogation . Miranda is not offense specific . Massiah is offense specific . Miranda : interrogation + `` functional equivalent . '' Massiah : interrogation + `` deliberate elicitation . '' Waiver : Both Miranda and Massiah rights may be waived . Assertion : In each case , the assertion must be clear and unequivocal . The effects of assertion are not identical . For purposes of Miranda , the police must immediately cease the interrogation and can not resume interrogating the defendant about any offense charged or uncharged unless counsel is present or defendant initiates contact for purposes of resuming interrogation and valid waiver obtained . Because Massiah is offense - specific , an assertion of the sixth amendment right to counsel requires the police to cease interrogating the defendant about any charged offense . Apparently the police could continue questioning the defendant about uncharged crimes assuming that the defendant was not in custody . The defendant 's remedy would be to leave or to refuse to answer questions . Remedy for violation : The statements and testimonial information are subject to suppression . Derivative evidence is usually not subject to suppression under Miranda pursuant to the `` fruit of poisonous tree '' doctrine , although it might be suppressed for a Massiah violation . Both Miranda and Massiah defective statements can be used for impeachment purposes . Exceptions : The primary exceptions to Miranda are ( 1 ) the routine booking questions exception ( 2 ) the jail house informant exception and ( 3 ) the public safety exception . In Moulton v. Maine the Supreme Court refused to recognize a public safety exception to the Massiah rule . Massiah allows for the use of jail house informants provided the informants serve merely as `` passive listeners . ''
Standing (law)
Lower courts decided that because the Commonwealth 's Attorney does n't prosecute fornication cases and no one had been prosecuted for fornication anywhere in Virginia in over 100 years , Martin had no risk of prosecution and thus lacked standing to challenge the statute . Martin appealed . Since Martin had something to lose - the ability to sue Ziherl for damages - if the statute is upheld , she had standing to challenge the constitutionality of the statute even though the possibility of her being prosecuted for violating it was zero . Since the U.S. Supreme Court in Lawrence has found that there is a privacy right in one 's private , noncommercial sexual practices , the Virginia Supreme Court decided that the statute against fornication was unconstitutional . The finding gave Martin standing to sue Ziherl since the decision in Zysk was no longer applicable .
Right of self-defense in Maryland
The defendant actually believed that the person defended was in immediate and imminent danger of bodily harm . The defendant 's belief was reasonable . The defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force . The defendant 's purpose in using force was to aid the person defended .
The Rite of Spring
Hodson , Millicent ( 1996 ) . Nijinsky 's Crime Against Grace : Reconstruction of the Original Choreography for Le sacre du printemps . Pendragon Press .
Massiah v. United States
The Sixth Amendment right to counsel is offense specific - the right only applies to post commencement attempts to obtain information relating to the crime charged . The right does not extend to uncharged offenses even those that are factually related to the charged crime .
Massiah v. United States
The Massiah rule applies to the use of testimonial evidence in criminal proceedings deliberately elicited by the police from a defendant after formal charges have been filed . The events that trigger the Sixth Amendment safeguards under Massiah are ( 1 ) the commencement of adversarial criminal proceedings and ( 2 ) deliberate elicitation of information from the defendant by governmental agents .
Habeas corpus
VICTORIA by the Grace of God , of the United Kingdom of Great Britain and Ireland Queen , Defender of the Faith , to J.K. , Keeper of our Gaol of Jersey , in the Island of Jersey , and to J.C. Viscount of said Island , Greeting .
Gun laws in Wisconsin
Subject / Law Long guns Handguns Relevant Statutes Notes Constitutional right to bear arms Yes 1 : 25 `` The people have the right to keep and bear arms for security , defense , hunting , recreation or any other lawful purpose . '' State preemption of local restrictions ? Yes 66.0409 State permit to purchase ? No No 175.35 Concealed carry license required ? No Yes 175.60 Permit is given on a shall - issue basis . Concealed carry of knives ( not intended for use as weapons ) is legal without a permit . Campus carry is allowed , but buildings may be exempted if signs forbidding firearms are posted . Owner license required ? No No 941.29 Open carry permitted ? Yes Yes 947.01 66.0409 Open carry of loaded handguns and long guns and knives is permitted without a license . Castle Doctrine / Self Defense Statutes Yes 895.62 Immunity from prosecution and civil damages in the home , with conditions and exceptions 939.48 No duty to retreat in the `` dwelling '' or owned / operated place of business . No deadly force solely to protect property . 3rd party protection . If attack is provoked , self defense may only be used if reasonable belief of imminent death or great bodily harm . If attack is provoked deadly force only allowed if all other reasonable means of avoidance exhausted . 940.01 `` the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt '' Firearm registration ? No No Assault weapon law ? No No Magazine capacity restrictions ? No No NFA weapons restricted ? No No 941.298 941.26 Machine guns allowed , but may not shoot pistol cartridges and may not be possessed aggressively or offensively . Suppressors , SBR , and SBS are allowed if NFA rules followed , otherwise felony . Background checks required for private sales ? No
Fundamental rights in India
The constitution guarantees the right to life and personal liberty , which in turn cites specific provisions in which these rights are applied and enforced :
Bankruptcy Abuse Prevention and Consumer Protection Act
There are exceptions . Notably , § 362 ( i ) provides that the presumption that the repeat filing was not in good faith would not arise in a `` subsequent '' case if a debtor 's prior case was dismissed `` due to the creation of a debt repayment plan . ''
War Powers Resolution
The constitution specifically states that Congress is authorized `` to provide and maintain a Navy '' ( Article 1 Section 8 ) . The idea of `` maintenance '' of a Navy implies that Naval Forces would be a permanent fixture of national defense . Two types of Land Forces are described by the Constitution ( Article 1 Section 8 ) : the Militia ( armed citizenry organized into local defense forces and state volunteer regiments ) which Congress can `` call forth '' and prescribe the `` organizing , arming , and disciplining ( training ) '' of , as Congress did in the Militia acts of 1792 ; and the Army , which Congress can `` raise and support '' , through regular appropriation acts limited to no more than two years . This division matches how the Revolutionary War was fought , by the Continental Army , raised and supported by the Continental Congress , and local Militias and Volunteer Regiments , raised by the separate Colonies . After the war , under the Articles of Confederation , a small standing Army , the First American Regiment was raised and gradually increased in size over time by Congress before , following the Constitution 's ratification , being transformed into the Regular Army . The availability of a standing Army , and the President of the United States being authorized as `` Commander in Chief '' , implies his ability as a military commander to employ forces necessary to fulfill his oath to defend the constitution .
History of women in the United States
Many southern women were very zealous in their support for their husbands and sons going off to war . They saw the men as protectors and invested heavily in the romantic idea of men fighting to defend the honor of their country , family , and way of life . Mothers and wives were able to keep in contact with their loved ones who had chosen to enlist by writing them letters . African American women , on the other hand , had experienced the breakup of families for generations and were once again dealing with this issue at the outbreak of war . Richmond
Bankruptcy Abuse Prevention and Consumer Protection Act
living expenses specified under the `` collection standards of the Internal Revenue Service '' , actual expenses not provided by the Internal Revenue Standards including `` reasonably necessary health insurance , disability insurance , and health savings account expenses '' , expenses for protection from family violence , continued contributions to care of nondependent family members , actual expenses of administering a chapter 13 plan , expenses for grade and high school , up to $1,500 annually per minor child provided that the expenses are reasonable and necessary , additional home energy costs in addition to those laid out in the IRS guidelines that are reasonable and necessary , 1 / 60th of all secured debt that will become due in the five years after the filing of the bankruptcy case , 1 / 60th of all priority debt , and continued contributions to tax - exempt charities .