vania-janet/multiturn-rag-retrieval-data huggingface dataset:
Reservation in India
The validity of all the above four amendments was challenged in the Supreme Court through various petitions clubbed together in M. Nagaraj & Others vs. Union of India & Others , mainly on the ground that these altered the Basic Structure of the Constitution . In 2006 , the Supreme Court upheld the amendments but stipulated that the concerned state will have to show , in each case , the existence of `` compelling reasons '' - which include `` backwardness '' , `` inadequacy of representation '' and overall `` administrative efficiency - before making provisions for reservation . The court further held that these provisions are merely enabling provisions . If a state government wishes to make provisions for reservation to SC / STs in promotion , the state has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class .
Right of self-defense in Maryland
Id. , 179 Md. at 600 - 01 , 20 A. 2d at 487 .
Right of self-defense in Maryland
The statute essentially codifies the common law rule of self - defense . It is arguable that the statute makes the `` Castle Doctrine '' applicable to actions committed to defend a person 's business . But the statute is not entirely clear on that point , because of its requirement that the force be `` reasonable under the circumstances '' and the absence of specific language saying that the defendant may stand his or her ground in the business . Importantly , the statute also provides that , if a defendant prevails in a defense under the statute , then the court `` may '' order the plaintiff to pay the defendant 's costs and reasonable attorney 's fees . The statute further provides that the immunity which it creates does not apply if the defendant had been convicted of certain criminal charges in connection with the incident .
United States Bill of Rights
The Fifth Amendment protects against double jeopardy and self - incrimination and guarantees the rights to due process , grand jury screening of criminal indictments , and compensation for the seizure of private property under eminent domain . The amendment was the basis for the court 's decision in Miranda v. Arizona ( 1966 ) , which established that defendants must be informed of their rights to an attorney and against self - incrimination prior to interrogation by police .
Right of self-defense in Maryland
Maryland continues to follow common law principles on the use of force in self - defense , although there is a statute ( discussed below ) on the subject of immunity from civil lawsuits for the use of force to defend a home or a business .
Article Three of the United States Constitution
Two of the Constitutional Amendments that comprise the Bill of Rights contain related provisions . The Sixth Amendment enumerates the rights of individuals when facing criminal prosecution and the Seventh Amendment establishes an individual 's right to a jury trial in certain civil cases . It also inhibits courts from overturning a jury 's findings of fact . The Supreme Court has extended the protections of these amendments to individuals facing trial in state courts through the Due Process Clause of the Fourteenth Amendment .
Gun laws in Wisconsin
The Constitution of Wisconsin protects the right to bear arms in Article 1 , Section 25 - `` The people have the right to keep and bear arms for security , defense , hunting , recreation or any other lawful purpose . ''
Bankruptcy Abuse Prevention and Consumer Protection Act
The new law allows creditors to pursue collection remedies without court permission in various circumstances such as offsetting tax refunds , pursuing tax and domestic relations litigation in all respects except the final turnover of assets from the estate , establishing wage assignments in domestic relations actions , repossessing vehicles and personal property subject to loans or leases 45 days after the first meeting of creditors in cases where no court action has been taken regarding that property , and allowing evictions that completed the court process prior to the filing of the petition or involve endangerment to property or drug use to proceed . The law also makes it easier for creditors who received preferential payments of less than $5,000 from the debtor before bankruptcy to avoid repaying such payments for the benefit of all creditors . The law improves the ability of the bankruptcy estate to reclaim assets placed in asset protection trusts within ten years of filing or paid as employment bonuses to insiders within two years prior to filing . The law makes Chapter 12 bankruptcy ( farm reorganization ) permanent while adding family fishermen , overhauls the treatment of complex financial contracts including many derivative contracts used by hedge funds , and overhauls the treatment of ancillary foreign bankruptcy proceedings . The law extends protection to non-ERISA pension plans like private sector 403 ( b ) s and some Individual Retirement Account that ERISA plans had enjoyed thereby making these plans more similar to ERISA plans . The law raises the priority status for payment of domestic support obligations ( such as alimony and child support ) from seventh place to first , only behind the administrative expenses of the trustee . This means that domestic support claimants get paid before all other unsecured creditors .
Right of self-defense in Maryland
Maryland also follows the common law rule that , outside of one 's home , a person , before using deadly force in self - defense , has the duty `` ' to retreat or avoid danger if such means were within his power and consistent with his safety . ' '' DeVaughn v. State , 232 Md. 447 , 453 , 194 A. 2d 109 , 112 ( 1963 ) , cert . denied , 376 U.S. 527 ( 1964 ) , quoting Bruce v. State , 218 Md. 87 , 97 , 145 A. 2d 428 , 433 ( 1958 ) . See also Burch v. State , 346 Md. 253 , 283 , 696 A. 2d 443 , 458 ( 1997 ) .
Law
The great end , for which men entered into society , was to secure their property . That right is preserved sacred and incommunicable in all instances , where it has not been taken away or abridged by some public law for the good of the whole ... If no excuse can be found or produced , the silence of the books is an authority against the defendant , and the plaintiff must have judgment .
Accord and satisfaction
If a person is sued over an alleged debt , that person bears the burden of proving the affirmative defense of accord and satisfaction .
Right of self-defense in Maryland
Id. , 231 Md. at 362 - 63 , 190 A. 2d at 542 , quoting , 1 Wharton 's Criminal Law and Procedure ( Anderson Ed. , 1957 ) , § 206 , at pages 453 - 55 .
Bankruptcy Abuse Prevention and Consumer Protection Act
The provision presumes that the repeat filings are not in good faith and requires the party seeking to impose the stay ( usually the debtor ) to rebut the presumption by clear and convincing evidence .
United States Bill of Rights
The Fourth Amendment guards against unreasonable searches and seizures , along with requiring any warrant to be judicially sanctioned and supported by probable cause . It was adopted as a response to the abuse of the writ of assistance , which is a type of general search warrant , in the American Revolution . Search and seizure ( including arrest ) must be limited in scope according to specific information supplied to the issuing court , usually by a law enforcement officer who has sworn by it . The amendment is the basis for the exclusionary rule , which mandates that evidence obtained illegally can not be introduced into a criminal trial . The amendment 's interpretation has varied over time ; its protections expanded under left - leaning courts such as that headed by Earl Warren and contracted under right - leaning courts such as that of William Rehnquist .
English contract law
However , consideration is a doctrine deriving from the common law , and can be suspended under the principles of equity . Historically , England had two separate court systems , and the Courts of Chancery which derived their ultimate authority from the King via the Lord Chancellor , took precedence over the common law courts . So does its body of equitable principles since the systems were merged in 1875 . The doctrine of promissory estoppel holds that when one person gives an assurance to another , the other relies on it and it would be inequitable to go back on the assurance , that person will be estopped from doing so : an analogue of the maxim that nobody should profit from their own wrong ( nemo auditur propriam turpitudinem allegans ) . So in Hughes v Metropolitan Railway Co the House of Lords held that a tenant could not be ejected by the landlord for failing to keep up with his contractual repair duties because starting negotiations to sell the property gave the tacit assurance that the repair duties were suspended . And in Central London Properties Ltd v High Trees House Ltd Denning J held that a landlord would be estopped from claiming normal rent during the years of World War II because he had given an assurance that half rent could be paid till the war was done . The Court of Appeal went even further in a recent debt repayment case , Collier v P&M J Wright ( Holdings ) Ltd . Arden LJ argued that a partner who had been assured he was only liable to repay one third of the partnership 's debts , rather than be jointly and severally liable for the whole , had relied on the assurance by making repayments , and it was inequitable for the finance company to later demand full repayment of the debt . Hence , promissory estoppel could circumvent the common law rule of Foakes . Promissory estoppel , however , has been thought to be incapable of raising an independent cause of action , so that one may only plead another party is estopped from enforcing their strict legal rights as a `` shield '' , but can not bring a cause of action out of estoppel as a `` sword '' .
Right of self-defense in Maryland
Maryland Civil Pattern Jury Instruction 15 : 4 ( a ) & ( b ) states :
Privacy Act of 1974
The Computer Matching and Privacy Protection Act of 1988 , P.L. 100 -- 503 , amended the Privacy Act of 1974 by adding certain protections for the subjects of Privacy Act records whose records are used in automated matching programs . These protections have been mandated to ensure :
Gun laws in the United States by state
In the exercise of his right of self defense , he may stand his ground and defend himself . '' Currently , the courts have limited the scope of Castle Doctrine / Stand Your Ground to self - defense situations occurring inside the defender 's home , and neither law nor court precedence provides the defender immunity from lawsuits by the aggressor arising from the use of lethal force in self - defense . Additionally , judicial precedence in New Mexico has established that the use of lethal force is not justifiable in defense of one 's property alone . Duty to Retreat ? No No Opt - Out statute ? Yes Yes NMSA 29 -- 19 -- 12 ; NMSA 30 -- 14 -- 6 ; NMAC 10.8. 2.27 Property owners may prohibit the carrying of firearms onto property they lawfully possess by posting signage or verbally notifying persons upon entering the property . Violating these `` gun - free '' establishments is a full misdemeanor punishable by less than one year in the county jail and / or a fine of up to $1,000 ( Criminal Trespass - NMSA 30 - 14 - 1 ) . Peaceable journey laws ? No No One may travel through or within New Mexico with a loaded weapon in a vehicle . Federal law pre-empts Native American reservation laws . FOPA is observed . Background checks required for private sales ? No No
Right of self-defense in Maryland
Id. , 231 Md. at 361 , 190 A. 2d at 542 , quoting Clark and Marshall , Law of Crimes , ( 6th ed . Wingersky rev . ) , § 7.03 , pages 436 - 37 .
United States Bill of Rights
The Sixth Amendment establishes a number of rights of the defendant in a criminal trial :
Gun laws in Wisconsin
On December 7 , 2011 , Governor Walker signed a bill passing a Castle Doctrine for Wisconsin . The bill provides criminal immunity ( WI statute 939.48 ( 1m ) ) and protection from civil suits ( WI statute 895.62 ) for homeowners or business owners who use a gun in self - defense while on their property , with the presumption that any action is justified . The law is a `` stand your ground '' law , which does not contain a duty to retreat . This applies at the user 's private vehicle , business , and at their home . Protection extends to improvements only ( driveway , sidewalk , patio , fence , garage , house ... ) , not bare ground . Also , the criminal must have forcibly entered , or be in the process of attempting to forcibly enter , and the defender must be present in the home , car , or business . The Washington County DA ruled that opening a door counts as forcible entry .
Bankruptcy Abuse Prevention and Consumer Protection Act
In addition , BAPCPA extends the exceptions to automatic stay to certain paternity , child custody , domestic violence and domestic and child support proceedings .
Right of self-defense in Maryland
In the state of Maryland , the right of self - defense is mostly governed by case law , but there is also a statute .
Stamp Act 1765
Protection and obedience are reciprocal . Great Britain protects America ; America is bound to yield obedience . If , not , tell me when the Americans were emancipated ? When they want the protection of this kingdom , they are always ready to ask for it . That protection has always been afforded them in the most full and ample manner . The nation has run itself into an immense debt to give them their protection ; and now they are called upon to contribute a small share towards the public expence , and expence arising from themselves , they renounce your authority , insult your officers , and break out , I might also say , into open rebellion .
Gun laws in Wisconsin
WI statute 948.605 ( 2 ) ( b ) references 18USC922 ( q ) ( 2 ) ( b ) ( i ) , ( iv ) , ( v ) , ( vi ) , & ( vii ) .
English contract law
In Pao on v Lau Yiu Long the Pao family threatened to not complete a share swap deal , aimed at selling their company 's building , unless the Lau family agreed to change a part of the proposed agreement to guarantee the Paos would receive rises in the swapped shares ' prices on repurchase . The Laus signed the guarantee agreement after this threat , and then claimed it was not binding . But the Privy Council advised their signature was only a result of `` commercial pressure '' , not economic duress . The Laus ' considered the situation before signing , and did not behave like someone under duress , so there was no coercion amounting to a vitiation of consent . However , contrasting to cases involving business parties , the threat to do a lawful act will probably be duress if used against a vulnerable person . An obvious case involving `` lawful act duress '' is blackmail . The blackmailer has to justify , not doing the lawful act they threaten , but against a person highly vulnerable to them , the demand of money . Third
Right of self-defense in Maryland
While the use of force in self - defense may be justifiable , the person defending himself or herself still runs the risk of being sued by the attacker for monetary damages . In 2010 , the Maryland General Assembly passed , and Governor Martin O'Malley signed , a bill to address this issue and to provide for an immunity to such civil lawsuits in certain cases in which a person used force , including deadly force , to defend his or her home or business . The statute -- § 5 - 808 of the Courts and Judicial Proceedings Article of the Maryland Code -- provides as follows :
Right of self-defense in Maryland
If the duty - to - retreat criteria is met , then the following self - defense criteria are examined , as contained within the Maryland Criminal Pattern Jury Instruction . Optional or alternate inclusions into the jury instruction are enclosed with < > . Phrases surrounded with ( ) are substituted with specific instances of the case .
Cousin marriage
This sub-section about Pakistan possibly contains inappropriate or misinterpreted citations that do not verify the text . Please help improve this article by checking for citation inaccuracies. ( April 2016 ) ( Learn how and when to remove this template message )
Precedent
The reasons why this Court should refuse to follow an earlier constitutional decision which it deems erroneous are particularly strong where the question presented is one of applying , as distinguished from what may accurately be called interpreting , the Constitution . In the cases which now come before us there is seldom any dispute as to the interpretation of any provision . The controversy is usually over the application to existing conditions of some well - recognized constitutional limitation . This is strikingly true of cases under the due process clause when the question is whether a statute is unreasonable , arbitrary or capricious ; of cases under the equal protection clause when the question is whether there is any reasonable basis for the classification made by a statute ; and of cases under the commerce clause when the question is whether an admitted burden laid by a statute upon interstate commerce is so substantial as to be deemed direct ...
Declaration of the Rights of Man and of the Citizen
Article XVI -- Any society in which the guarantee of rights is not assured , nor the separation of powers determined , has no Constitution .
First Amendment to the United States Constitution
In United States v. Williams ( 2008 ) , the Court upheld the PROTECT Act of 2003 , ruling that prohibiting offers to provide and requests to obtain child pornography did not violate the First Amendment , even if a person charged under the Act did not possess child pornography .
Right of self-defense in Maryland
However , even in one 's own home , the degree of force used in self - defense must not be `` excessive . '' Crawford v. State , supra , 231 Md. at 362 , 190 A. 2d at 542 . Quoting a treatise on criminal law , the Court of Appeals said in Crawford :
Bankruptcy Abuse Prevention and Consumer Protection Act
Support for the act mostly came from banks , credit card companies , and other creditors .
Right of self-defense in Maryland
This principle is known as the `` Castle Doctrine '' , `` the name being derived from the foundational principle that ' a man 's home is his castle ' and his ultimate retreat . '' Barton v. State , 46 Md . App . 616 , 618 , 420 A. 2d 1009 , 1010 - 1011 ( 1980 ) . A man `` is not bound to flee and become a fugitive from his own home , for , if that were required , there would , theoretically , be no refuge for him anywhere in the world . '' Barton , 46 Md . App . at 618 , 420 A. 2d at 1010 .
Bankruptcy Abuse Prevention and Consumer Protection Act
If a presumption of abuse is found under the means test , it may only be rebutted in the case of `` special circumstances '' , ( see 11 U.S.C. § 707 ( b ) ( 2 ) ( B ) ) . Nonpresumed
Canadian Bill of Rights
The notwithstanding wording of section 2 is a precursor to the notwithstanding clause of the Charter .
Right of self-defense in Maryland
The Court of Appeals of Maryland adopted these principles in the case of State v. Evans , 278 Md. 197 , 207 - 08 , 362 A. 2d 629 , 636 ( 1976 ) . The Court said allocating the burdens of production and persuasion in this manner was required by the Supreme Court 's decision in Mullaney v. Wilbur , 421 U.S. 684 ( 1975 ) .
United States Bill of Rights
The Ninth Amendment declares that there are additional fundamental rights that exist outside the Constitution . The rights enumerated in the Constitution are not an explicit and exhaustive list of individual rights . It was rarely mentioned in Supreme Court decisions before the second half of the 20th century , when it was cited by several of the justices in Griswold v. Connecticut ( 1965 ) . The Court in that case voided a statute prohibiting use of contraceptives as an infringement of the right of marital privacy . This right was , in turn , the foundation upon which the Supreme Court built decisions in several landmark cases , including , Roe v. Wade ( 1973 ) , which overturned a Texas law making it a crime to assist a woman to get an abortion , and Planned Parenthood v. Casey ( 1992 ) , which invalidated a Pennsylvania law that required spousal awareness prior to obtaining an abortion .
Massiah v. United States
As noted , information obtained in violation of the defendant 's Sixth Amendment right to counsel is subject to suppression unless the government can establish that the defendant waived his right to counsel . The waiver must be knowing , intelligent and voluntary . A valid Miranda waiver operates as a waiver of Sixth Amendment right .
United States Bill of Rights
The right of the people to be secure in their persons , houses , papers , and effects , against unreasonable searches and seizures , shall not be violated , and no Warrants shall issue , but upon probable cause , supported by Oath or affirmation , and particularly describing the place to be searched , and the persons or things to be seized .
Sixteenth Amendment to the United States Constitution
In Bowers v. Kerbaugh - Empire Co. , 271 U.S. 170 ( 1926 ) , the Supreme Court , through Justice Pierce Butler , stated :
Right of self-defense in Maryland
The defendant actually believed that ( victim ) was committing < was just about to commit > the crime of ( crime ) in < at > the defendant 's home . The defendant 's belief was reasonable . The defendant used no more force than was reasonably necessary to defend against the conduct of ( victim ) .
Lobbying in the United States
The Constitution was crafted in part to solve the problem of special interests , today usually represented by lobbies , by having these factions compete . James Madison identified a faction as `` a number of citizens , whether amounting to a minority or majority of the whole , who are united and actuated by some common impulse of passion , or of interest , adverse to the rights of other citizens , or to the permanent and aggregate interests of the community '' , and Madison argued in Federalist No. 10 that there was less risk of injury by a narrowly focused faction in a large republic if any negative influence was counteracted by other factions . In addition , the Constitution protected free speech , including the right to petition the government , and these rights have been used by lobbying interests throughout the nation 's history . There has been lobbying at every level of government , particularly in state governments during the nineteenth century , but increasingly directed towards the federal government in the twentieth century . The last few decades have been marked by an exponential increase in lobbying activity and expenditures .
Standing (law)
There are a number of requirements that a plaintiff must establish to have standing before a federal court . Some are based on the case or controversy requirement of the judicial power of Article Three of the United States Constitution , § 2 , cl. 1 . As stated there , `` The Judicial Power shall extend to all Cases ... ( and ) to Controversies ... '' The requirement that a plaintiff have standing to sue is a limit on the role of the judiciary and the law of Article III standing is built on the idea of separation of powers . Federal courts may exercise power only `` in the last resort , and as a necessity '' .
Declaration of the Rights of Man and of the Citizen
Article II -- The goal of any political association is the conservation of the natural and imprescriptible rights of man . These rights are liberty , property , safety and resistance against oppression .