In Texas v. Johnson (1989), the Supreme Court redefined the scope of the combatant word doctrine to refer to words that are “a direct personal insult or invitation to exchange punches.” There, the court concluded that the burning of a U.S. flag, which was considered a symbolic speech, was not fighting words. In R.A.V. City of St. Paul (1992), the Supreme Court stated that “the First Amendment prevents the government from punishing expressive speech and behaviour because it disapproves of the ideas expressed.” Even though words are considered fighting words, the First Amendment still protects speech if the restriction of speech is based on discrimination based on point of view. An official of the judiciary who has the power to adjudicate complaints before the courts. The term commonly used judge can also refer to all bailiffs, including Supreme Court judges. In Terminiello v. In Chicago (1949), the Supreme Court limited the scope of what are combative words.
The Court concluded that words that create a clear and present danger are not protected (and contemplate fighting words), but words that cause controversy and even cause trouble are protected (and are not considered fighting words). Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by statute. The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. A report prepared by a court probation officer after a person has been convicted of a crime and summarizing for the court the background information necessary to determine the appropriate sentence.
prose – Latin term meaning “on one`s own account”; In the courts, these are people who present their own cases without a lawyer. In Feiner v. People of State of New York (1951), the Supreme Court held that, like the doctrine of fighting words, incitement to riot that creates a clear and present danger is also not protected by the First Amendment. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case. A court order preventing one or more named parties from acting. An injunction is often issued to allow for a finding of fact so that a judge can determine whether a permanent injunction is warranted. A claim for which no specific value has been determined.
Chapter of the Insolvency Code that provides for “liquidation”, i.e. the sale of a debtor`s non-exempt assets and the distribution of the proceeds to creditors. To be eligible for Chapter 7, the debtor must pass a “means test”. The court assesses the debtor`s income and expenses to determine whether the debtor can sue under Chapter 7. Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff. In the decades since the Chaplinsky decision, the U.S. Supreme Court has ruled on a number of cases that further clarify which speech or actions constitute fighting words. voir dire – A procedure by which judges and lawyers select a small jury from among those empowered to determine knowledge of the facts of the case and willingness to decide the case solely on the basis of the evidence presented to the court. “See to say” is an expression that means “to tell the truth”. Habeas Corpus – A pamphlet often used to bring a prisoner to court to determine the lawfulness of his detention.
A detainee who wishes to argue that there are insufficient grounds for detention would file an application for habeas corpus. It can also be used to detain a person in court in order to testify or be prosecuted. Similar to an injunction, it is a short-term order issued by a judge prohibiting certain actions until a full hearing can be held. Often referred to as TRO. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages).