There’s nothing quite like the comfort and security of being inside your home, sweet home, and it’s all thanks to the Bill of Rights. Once the Constitution was written, only 9 of 13 states approved the ratification of the Constitution. Anti-federalists believed that without some changes and additions to the Constitution, it would jeopardize individual liberty and give the federal government too much power. After fleeing the tyrannical monarchy of England, and battling in the Revolutionary War, the
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EXPANDING THE FRONTIERS OF ABUSE OF DOMINANCE THE ASTRAZENECA CASE AND ITS IMPLICATIONS FOR SOUTH AFRICA Neil Mackenzie and Stephen Langbridge1 On 6 December 2012 the European Court of Justice decided the case of AstraZeneca v Commission2. The ECJ upheld the European Commission’s finding of a novel abuse of dominance - by strategic misuse of regulatory procedures, AstraZeneca impeded the entry by marketers of generic pharmaceutical products into various European markets. The company was found to
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In Terry v. Ohio, 392 U. S. 1 (1968), the court considered whether police, in the absence of probable cause, can stop, question, or frisk an individual. The case proposed that in order to stop someone for questioning, the Police must have a reasonable suspicion that the person is about to commit or has already committed a crime. If after someone has been stopped, the police want frisk a suspect for weapons, they need to have reasonable suspicion that the person is armed and threatening. The Court
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United States Supreme Court has the authority to make the final decisions regarding our Constitutional rights of American citizens. Some court cases are relatively straightforward. However, due to the wide nature of potential situations, cases often appear that ask fundamental and difficult questions about the nature of legal principles. One famous case that comes to mind is the Miranda v. Arizona, which reached the Supreme Court in 1966. Police investigations varied between departments throughout
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* Issue cause and desist order * Order counter advertising Telemarketing * Telephone consumer protection act (enforced by FCC) * Telemarketing and Consumer Fraud and Abuse Act Sales * Unsolicited merchandise in mail * 3-day rule – 3 day cooling off period * You have 3 days to get your money from a door salesman back after you buy an item * A. Truth in lending: disclosure law. Finance charge and * B. Equal Credit Opportunity Act * Marital Status is now
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Wolf v. Colorado 338 U.S. 25 (1949) Facts: The State court of Colorado convicted the petitioner, Wolf, for conspiring to commit abortions. The evidence obtained for this conviction was allegedly obtained in violation of the search and seizure clause of the Fourth Amendment. Question: Are states required to exclude evidence that has been illegally obtained from trial under the Fourth and Fourteenth Amendments? Holding: No, due process is not denied when a State court admits evidence obtained by
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and the right to counsel. Eighth Amendment - Prohibits excessive bail and fines, and cruel and unusual punishment. Exclusionary rule - A rule of criminal procedure that prohibits the introduction at trial of all evidence obtained in violation of constitutional rights, as well as any evidence derived from the illegally obtained evidence. Miranda rule - A rule set forth by the Supreme Court in Miranda v. Arizona holding that individuals who are arrested must be informed of certain constitutional
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demonstrating this inequality among classes, is exclusionary zoning. These local laws have been seen to detain lower-income individuals from residing in certain communities by mandating specifications on lot sizes, types of housing, and the number of buildings and occupants allowed. Consequently these factors trigger an increase in community housing costs, and thus drive away lower-income individuals. In the past few decades however, states’ tolerance for exclusionary zoning have dissipated, and new zoning
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Unit Four Seminar Make-Up The Bill of Rights is intended to protect the citizens of abuse from police power. (Seminar.) This is a formal declaration of legal and civil rights in any state. This would be our amendments. The fourth amendment is the right for people to be secure in their homes against unreasonable searches and seizures which shouldn’t be violated under any circumstances. There are a few things needed for a warrant: probable cause is one of them along with neutral or detached magistrate
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The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These
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